The Judiciary in Federal Systems in Africa
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Date
2020
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Perspectives on Federalism
Abstract
Eight states in Africa that have federal or federal-type government systems and most of
these federations emerged in the post-Cold War period. The African federations are in
various degrees characterised by a limited extent of self-rule and the concentration of
power at the centre. The question this article addresses is whether, and if so, how, the
federal character of the state organisation impacts on the administration of justice. In other
words, is the judicial branch of government also part of the federal arrangements, and if so,
how has that been manifested? Four sub-questions are posed in this regard. First, does the
structure of the judicial institutions also follow the vertical division of powers between the
central and subnational governments? Secondly, given the non-centrist or centrist structure
of the courts, how are judges appointed? Thirdly, as language and ethnic diversity are often
the key reasons for the establishment of federal arrangements, how is the language
question dealt within in the administration of justice? Finally, what role have the courts
played in realisation of the federal character of the state?
Description
Keywords
Africa, federalism, judicial pluralism, language and ethnic diversity
Citation
Steytler, Nico, and Zemelak Ayele ‘The judiciary in federal systems in Africa’ (2020) 12:2 Perspectives on Federalism pp. E-102-134