Introduction

Subnational government autonomy has become an important feature of many African states. Yet in many African countries, the federal arrangement that by definition multiplies opportunities for offices at different government levels and helps to promote subnational democracy has been undermined by a political practice that largely ignores the constitutional system. Broadly speaking, the judiciary in African federations can be regarded as rather dual or integrated. Importantly, decisions regarding judicial appointments and court composition must be viewed in federal systems, especially for apex courts, in the context of the ever-present tension between two different values – i.e., the independence and representativeness of the judiciary. The recognition of South Africa as federal, in the aforementioned substance-oriented sense, is reflected in its regular inclusion in major research projects and publications on comparative federalism. This chapter also presents an overview of the key concepts discussed in this book.