Institute for International and
Comparative Law in Africa (ICLA)

Charles Fombad: Professor of Law

charlesfombad

Charles Manga Fombad is Professor of law and holds a Licence en Droit (University of Yaounde), LL.M. and Ph. D. (University of London) and a Diploma in Conflict Resolution (University of Uppsala). He has taught in the University of Botswana (1997-2009), the University of Yaounde II at Soa (1988-1997) and was visiting Professor in the Universities of Dschang and Buea in Cameroon. He was from 2003-2007 also a Professor Extraordinarius of the Department of Jurisprudence, School of Law, University of South Africa. He is external examiner for several universities in Ghana, Nigeria and South Africa.

Professor Fombad received the Bobbert Association Prize for the best first article in the Journal for Juridical Science. He was also awarded the Wedderburn Prize in 2003 for a paper that appeared in the Modern Law Review. Professor Fombad received special research awards (as runner up to the University Researcher of the Year) from the University of Botswana Research Awards Committee for research excellence in 2004, 2005 and again in 2007. He is a rated researcher of the South African National Research Foundation and a member of the South African Academy of Science. Since 2013, he has been a fellow of the prestigious and highly regarded Stellenbosch Institute for Advanced Study (STIAS).

He is on the editorial board of several distinguished national and international journals. These include the African Journal of International Affairs, the International Encyclopaedia of Laws, Journal of Comparative Law in Africa, and the McGill Journal of International Law & Legal Pluralism. He is also a member of several professional associations such as the International Association of Constitutional Law (IACL), in which he is one of the Vice Presidents and a Co-convenor of a research group on the constitutional dimension of political parties and political rights, the African Network of Constitutional Lawyers and Southern African Society of Legal Historians. Professor Fombad was admitted as an Associate member of the International Academy of Comparative Law in 2017. He is also a founding member of the Transnational Advisory Group to the Association of American Law Schools (AALS).

His research interests are in constitutional law, comparative African constitutional law, media law, the African Union, and legal history, especially issues of legal harmonisation.

Publications

ACCEPTED FOR PUBLICATION

  1. “The Diffusion of SA-Style Independent Institutions: A Study in Comparative African Constitutionalism,” (forthcoming book chapter).
  2. “Constitutional entrenchment of decentralisation in Africa: an overview of trends and tendencies” (forthcoming in Journal of African Law).

PUBLISHED DURING THE LAST FIVE YEARS

Books

  1. Charles M Fombad (ed.), Constitutional Adjudication in Africa, Oxford, Oxford University Press (2017).     
  2. Charles M. Fombad (ed.), The Implementation of Modern African    Constitutions: Challenges and Prospects, Pretoria, PULP (2016).
  3. Charles M Fombad (ed.) Separation of Powers in African Constitutionalism, Oxford, Oxford      University Press (2016).
  4. (with Salvatore Mancuso), Comparative Law in Africa: Methodologies and Concepts, Juta & Co, Claremont, (2015).
  5.  The Botswana Legal System, 2nd edit. LexisNexis, Cape Town   (2013).

Chapters in books

  1. Presidential Term Limits through constitutional amendments in Africa: Deconstructing legitimacy,” in Grant Masterson and Melanie Meirotti (eds.), Checks and balances: African constitutions and democracy in the 21st Century, EISA, Johannesburg (2017), pp. 45-58.
  2. “An overview of contemporary models of constitutional review in Africa,” in Charles M Fombad (ed.), Constitutional Adjudication in Africa, Oxford, Oxford University Press (2017).
  3. “The Cameroonian Constitutional Council: Faithful servant of an unaccountable system,” Charles M Fombad (ed.), Constitutional Adjudication in Africa, Oxford, Oxford University Press (2017).
  4. Constitutional adjudication and constitutional justice in Africa’s uncertain transition: Mapping the way forward,” Charles M Fombad (ed.), Constitutional Adjudication in Africa, Oxford, Oxford University Press (2017).
  5. “Problematising the issue of constitutional implementation in Africa,” in Charles M. Fombad (ed.), The Implementation of Modern African Constitutions: Challenges and Prospects, Pretoria, PULP (2016), pp.10-24.
  6. “Constitutional Implementation in perspective: Developing a sustainable normative constitutional implementation framework,” in Charles M. Fombad (ed.), The Implementation of Modern African Constitutions: Challenges and Prospects, Pretoria, PULP (2016),pp.218-235.
  7. “The Expansion of Judicial Power in Africa and Democratic Consolidation: Opportunities, Challenges and Future Prospects,” in Muna Ndulo and Mamoudou Gazibo (eds), Growing Democracy in Africa: Elections, Accountable Governance and Political Economy, London, James Currey Publishers (2016), pp. 47-85.
  8. “The Evolution of Modern African Constitutions: A Retrospective Perspective”, in Charles Manga Fombad (ed.), Separation of Powers in African Constitutionalism, Oxford, Oxford University Press ( 2016),pp.13-57.
  9. “An Overview of the Separation of Powers under Modern African Constitutions” in, in  Charles Manga Fombad (ed.), Separation of Powers in African Constitutionalism, Oxford, Oxford University Press ( 2016),pp. 58-92.
  10. “The Role of Emerging Hybrid Institutions of Accountability in the Separation of Powers Scheme in Africa,” in in  Charles Manga Fombad (ed.), Separation of Powers in African Constitutionalism, Oxford, Oxford University Press ( 2016),pp. 325-344.
  11. (with Horace Adjolohoun), “Separation of Powers and the Role of the Public Prosecutor in Francophone Africa,” in  Charles Manga Fombad (ed.), Separation of Powers in African Constitutionalism, Oxford, Oxford University Press ( 2016), pp.359-484.
  12. "Cameroon." Encyclopedia of Law and Religion. General Editor Gerhard Robbers. Brill Online, 2015. Reference. http://referenceworks.brillonline.com/entries/encyclopedia-of-law-and-religion/cameroon-COM_00000019
  13. (with Madeleine Fombad), “Rethinking Anti-Corruption Strategies in Africa: Constitutional Entrenchment as Basis for Credible and Effective Anti-Corruption Clean-Ups,” in Charles C. Jalloh and Olufemi Elias (eds), Shielding Humanity: Essays in International Law and Policy in Honour of Abdul G. Koroma (Martinus Nijhoff Brill, (2015).
  14.       "Managing Legal Diversity: Cameroonian Bijuralism at a Critical      Crossroads," in Vernon Palmer, Mohamed Mattar and Anna Koppel          (eds), Mixed Legal Systems, East and West., Aldershot, Ashgate   Publishing (2014), pp. 187-217.
  15. “Judicial and Jurisprudential Powers of African Constitutional Court Judges,” in Collection of Acts of the Seminar in Cotonou on the Theme: Constitutional Judge and Political Power,” Cotonou, pp.55-65.
  16. “The Context of Justice in Africa: Emerging Trends and Prospects,” in Evelyn Edroma (ed.), Rethinking the Role of Law and Justice in Africa’s Development, UNDP, Addis Ababa (2013), pp.3-24.
  17. “Botswana,” in Vernon Palmer (ed.), Mixed Jurisdictions Wordwide. The Third Legal Family, 2nd ed., Cambridge, Cambridge University Press, (2012), pp.481-527.

Articles

  1. “Designing institutions and mechanisms for the implementation and enforcement of the constitution: Changing perspectives in Africa” 25 (1) African Journal of International and Comparative Law, (2017) pp. 66–90.
  2. (with Lukman Abdulrauf) "Personal Data Protection in Nigeria: Reflections on Opportunities, Options and Challenges to Legal Reforms" Liverpool Law Review, (2016). doi:10.1007/s10991-016-9189-8
  3. (with Lukman Abdulrauf), “The African Union’s data protection Convention 2014: a possible cause for celebration of human rights in Africa?” 8 (1) Journal of Media Law (2016), pp. 67-97.
  4. “Election Management Bodies (EMBs) in Eastern and Southern Africa: Some Reflections on their Legal Framework,” 15 African and Asian Studies (2016), pp. 289-335.
  5. “State, Religion and Law in Cameroon: Regulatory Control, Tension and Accommodation,” 57(1) Journal of Church and State (2015), pp.18-43.
  6. “Conceptualising a Framework for Inclusive, Fair and Robust Multiparty Democracy in Africa: The Constitutionalisation of the Rights of Political Parties,” 48(1) Law and Politics in Africa, Asia & Latin America (2015), pp. 3-27.
  7. “Strengthening constitutional order and upholding the rule of law in central Africa: Reversing the descent towards symbolic constitutionalism,” 14 African Human Rights Law Journal (2014), pp. 412-448.
  8. “Constitution-building in Africa: The Never-ending Story of the Making, Unmaking and Remaking of Constitutions,” 13(4) African and Asian Studies (2014), pp. 429-451.
  9. “Gender Equality in African Customary Law: Has the Male Ultimogeniture Rule any Future in Botswana,” 52(3) Journal of Modern African Studies (2014), pp. 475-494.
  10. “Appointment of Constitutional Adjudicators in Africa: Some Perspectives on How Different Systems Yield Similar Outcomes,” 46(2) Journal of Legal Pluralism and Unofficial Law (2014), pp. 249-275.
  11. “Africanisation of Legal Education Programmes : The Need for Comparative African Legal Studies,” 49(4) Journal of Asian and African Studies (2014), pp. 383-398.
  12. (with Gift Manyatera ) “An Assessment of the Judicial Service Commission in Zimbabwe's new Constitution," 67(1) Comparative and International Law Journal of Southern Africa (2014), pp. 89-108.
  13. (With Adem K. Abebe), “The Advisory Jurisdiction of Constitutional Courts in Sub-Saharan Africa,” 46(1) George Washington International Law Review (2013), pp. 55-117.
  14. (with Serges Alain Kamga) , “A  Critical Review of the Jurisprudence of the African Commission on the Right to Development,” 57(2) Journal of African Law (2013), pp. 196-214.
  15. “Some Perspectives on Durability and Change Under Modern African Constitutions,” 11(2) International Journal of Constitutional Law (2013), pp. 382-413.
  16. “An Overview of the Constitutional Framework of the Right to Social      Security with Special Reference to South Africa,” 21(1) African Journal of International and Comparative Law (2013), pp. 1-31.
  17. “Some Reflections on the Prospects for the Harmonisation of International Business Laws in Africa: OHADA and Beyond,” 59(3) Africa Today (2013), pp. 51-80.

Reports

“Unconstitutional Changes of Government and Popular Uprisings in Africa: Some Perspectives on a Robust and Principled Response,” Report submitted to International IDEA and AU, 16 June 2014.


[last updated 29 August 2017]

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