Suchergebnisse

In order to examine the implications different forms and degrees of internationalised constitution making have on ideas of statehood and the legitimacy of a constitution, the study compares two cases—South Sudan and Somaliland—to explore contrasting patterns of international involvement in constitution making. South Sudan is the one 'extreme' case with strong international intervention, with Somaliland at the other 'extreme'. This paper demonstrates that the actual process matters and once again reinforces scepticism about the ways in which internationalised constitution making is conducted in war-torn settings. In Somaliland the societal consensus production, which included negotiating a governmental structure, was in the hands of the local elites for the constitution making period, which lasted a decade. In South Sudan the consensus production has so far been framed and guided by powerful international actors who had a seat at the local negotiating table. Not only does path dependence seem to prevent the production of a broader consensus on the mode of statehood, but the local translations of international 'models' also seem to be contrary to intended Rule of Law ideas. The study indicates that even though a locally driven and owned process supports the production of a legitimate constitution, international support is not generally denied. Inherent tensions between 'local ownership' and 'external intervention' may open space for re-negotiations on different normative perceptions and may support a redefinition of exclusion/inclusion dynamics. Nevertheless, to avoid these tensions becoming un-negotiable as a result of the imposition of international assistance which may lead to international 'models' simply being rejected or manipulated in line with internal power relations, constitution making needs to be conducted in an open manner by the local actors themselves.

Cover -- Half Title -- Series -- Title -- Copyright -- Contents -- Acknowledgements -- List of contributors -- PROLOGUE Normative spaces in Africa: constructing, contesting, renegotiating, and adapting dynamics -- Part I Constructing normative spaces -- 1 'Forensic Fetishism' and human rights after violent conflict: uncovering Somaliland's troubled past -- 2 Transitional justice atmospheres: the role of space and affect in the International Criminal Court's outreach efforts in Northern Uganda -- 3 The Libyan constitution-making process: a tool for state-building in a divided socio-normative space? -- Part II Contesting normative spaces -- 4 Challenges, limits, and prospects of 'Judicial Governance' in Nigeria's political translation (1999-2014) -- 5 Contesting normative spaces: the status of African traditional courts under international human rights law -- 6 Protecting groups in Africa: between international law, national law, and local customary law -- Part III Re-negotiating normative spaces -- 7 Mind the gaps: renegotiating South African legal pluralism within the post-apartheid state -- 8 Judicial governance in Ghana: negotiating jurisdictional authority in the post-colonial state -- 9 Living customary law in South Africa: negotiating spaces for women in traditional communities -- Part IV Adapting normative spaces -- 10 The legal laboratory in Rwanda: experimentalization and adaptation -- 11 Negotiated outcomes in low-resourced courts: Tanzania's land courts system -- 12 Land grabbing in Ethiopia: questioning FDI and big government projects -- 13 Whither courts? Forest protection in Kenya: case of Mau Forest -- EPILOGUE Beyond a linear model of law in space and time -- Glossary of acronyms -- Index.

In order to examine the implications different forms and degrees of internationalised constitution making have on ideas of statehood and the legitimacy of a constitution, the study compares two cases - South Sudan and Somaliland - to explore contrasting patterns of international involvement in constitution making. South Sudan is the one 'extreme' case with strong international intervention, with Somaliland at the other 'extreme'. This paper demonstrates that the actual process matters and once again reinforces scepticism about the ways in which internationalised constitution making is conducted in war-torn settings. In Somaliland the societal consensus production, which included negotiating a governmental structure, was in the hands of the local elites for the constitution making period, which lasted a decade. In South Sudan the consensus production has so far been framed and guided by powerful international actors who had a seat at the local negotiating table. Not only does path dependence seem to prevent the production of a broader consensus on the mode of statehood, but the local translations of international 'models' also seem to be contrary to intended Rule of Law ideas. The study indicates that even though a locally driven and owned process supports the production of a legitimate constitution, international support is not generally denied. Inherent tensions between 'local ownership' and 'external intervention' may open space for re-negotiations on different normative perceptions and may support a redefinition of exclusion/inclusion dynamics. Nevertheless, to avoid these tensions becoming un-negotiable as a result of the imposition of international assistance which may lead to international 'models' simply being rejected or manipulated in line with internal power relations, constitution making needs to be conducted in an open manner by the local actors themselves.

Processing the paradox : when the state has to deal with customary law / Olaf Zenker & Markus Virgil Hoehne -- Bush-level bureaucrats in South African land restitution : implementing state law under chiefly rule / Olaf Zenker -- State police and tradition in post-war Mozambique : the dilemmas of claiming sovereignty in legal pluralistic contexts / Helene Maria Kyed -- Mixing oil and water? : colonial state justice and the challenge of witchcraft accusations in central Equatoria, Southern Sudan / Cherry Leonardi -- When the state is forced to deal with local law : approaches of and challenges for state actors in emerging south sudan / Katrin Seidel -- Co-opted, abolished, democratized : the Guinean state's strategies towards elders / Anita Schroven -- State-orchestrated access to land dispute settlement in Africa : land conflicts and new-wave land reform in Tanzania / Rasmus H. Pedersen -- One country, two systems : hybrid political orders (HPOs) and legal and political friction in Somaliland / Markus Virgil Hoehne -- The complexity of legal pluralist settings : an afterword / Janine Ubink