When courts do politics : public interest law and litigation in East Africa / by J. Oloka-Onyango.
2017
KQC480 .O46 2017 (Mapit)
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Title
When courts do politics : public interest law and litigation in East Africa / by J. Oloka-Onyango.
Imprint
Newcastle upon Tyne, UK : Cambridge Scholars Publishing, 2017.
Description
xvi, 358 pages ; 22 cm.
Series
Cornell Institute for African Development series.
Formatted Contents Note
Introduction: About courts, politics, and East Africa
Do you have standing?
Locus standi in post-colonial East Africa
From law in the public interest to "transformative constitutionalism"
Contesting the gendered agenda
Poverty and resources : what have courts got to do with it?
At the pinnacle of politics : deciding a presidential election
Fostering structural transformation through cause lawyering.
Do you have standing?
Locus standi in post-colonial East Africa
From law in the public interest to "transformative constitutionalism"
Contesting the gendered agenda
Poverty and resources : what have courts got to do with it?
At the pinnacle of politics : deciding a presidential election
Fostering structural transformation through cause lawyering.
Summary
"Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with state power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KQC480 .O46 2017
Language
English
ISBN
1443891223
9781443891226
9781443891226
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