Full Description
The new generation of African constitutions crafted in the 1990s marked the beginning of a trend that promised a radical transformation of the continent's governance landscape. This movement aimed to eliminate the risks of coups and political instability that had plagued Africa since the 1960s by embedding democracy and constitutionalism. However, the wave of constitutional reforms post-1990s seems to have sparked a contagious fever of making, unmaking, and remaking constitutions. The nature and frequency of these changes threaten to undermine the progress made in entrenching a culture of constitutionalism, good governance, and respect for the rule of law. It is, therefore, no surprise that there is almost universal agreement that Africa is now facing a profound crisis of democracy and constitutionalism.
Constitutional Change and Constitutionalism in Africa examines the nature and extent of these changes, which have been occurring more frequently and sometimes more arbitrarily than anticipated. Among the main questions investigated are the constitution-making process and the roles of various internal actors, such as the legislature, executive, and judiciary, as well as external actors like the African Union and Regional Economic Communities, in the different processes of constitutional change.
Ultimately, the discussions aim to explore how the processes of constitutional change, whether inevitable and unavoidable or contrived, can be conducted in a manner that does not undermine or threaten the efforts to entrench democracy, constitutionalism, good governance, and respect for the rule of law on the African continent.
Contents
Babacar Kanté: Introductory Remarks: 30 Years of Constitutionalism in Africa: Between Myth and Reality
Nico Steytler and Charles M. Fombad: General Introduction: Constitutional Change and Constitutionalism in Africa
PART 1. GENERAL OVERVIEW
1: Charles M. Fombad: An Overview of the Legal Framework for Amending Modern African Constitutions
PART 2. CONSTITUTION-BUILDING, CONSTITUTION-MAKING, CONSTITUTIONAL CHANGE, AND CONSTITUTIONALISM
2: Heinz Klug: Changing Modes of Constitution-making in Africa: Do the Means Guarantee the Ends?
3: Adem Kassie Abebe: Reimagining Constitutional Change and Democracy in Africa: Emerging Supranational Standards for Constitutional Change
4: Nico Steytler, Zemelak Ayitenew Ayele, and Henry Paul Gichana: Making and Amending Federal Constitutions in Africa
PART 3. ETERNITY CLAUSES, CONSTITUTIONAL UNAMENDABILITY, CONSTITUTIONAL CHANGE, AND CONSTITUTIONALISM
5: André Thomashausen: Eternalized Core Provisions in the Constitutions of the Lusophone Countries in Africa and Their Uncertain Destinies
6: Abdou Khadre Diop: Eternity Clauses in African Constitutionalism: A Case Study of CEMAC Countries
PART 4. THE JUDICIARY, CONSTITUTIONAL CHANGE, AND CONSTITUTIONALISM
7: Maame A.S. Mensa-Bonsu: The Trouble with Judicial Amendments: Lessons from Ghana
8: Lauren Kohn: Time to Reduce Judicial Adventurism: Reflections on Glenister II and Sonke Gender Justice through the Lens of the Separation of Powers and Proposals for Reform
9: Migai Akech: The Basic Structure Doctrine and the Politics of Constitutional Change in Kenya: A Case of Judicial Adventurism?
PART 5. CASE STUDIES:DISTINCT PROFILES OF CONSTITUTIONAL CHANGE
10: Rotimi T. Suberu: A Divided Quest for a More Perfect Union: Ethno-regionalism, Recurrent Constitutional Alterations, and the Failure of Institutional Change in Nigeria's Fourth Republic
11: Assefa Fiseha: Constitutional Adaptation and Change in Ethiopia
12: Dr Marystella Simiyu and ProfTrésor Muhindo Makunya: Citizens' Collective Action, Constitutional Changes, and Constitutionalism: Lessons from the Building Bridges Initiative in Kenya
13: Mwiza Jo Nkhata: Craving Stability, Flirting with Change: Understanding Constitutional Change in Malawi Since 1994
14: Rania Hussein Khafaga: The Complex Path of Constitution-Making in Conflict-Ridden States: A Case Study of Libya
PART 6. GENERAL CONCLUSION
15: Charles M. Fombad: Three Decades of Trying to Avert Frequent and Abusive Changes to African Constitutions: Lessons for the Future
