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Unconstitutional Changes of Government in Africa: An Assessment of the Relevance of the Constitutive Act of the African Union

"The Constitutive Act of the African Union marks a new era in institution-building in post-colonial Africa. It is conceived as an aspect of Africa’s response to the challenges of globalisation and regional integration. The Constitutive Act, amended …

Democracy and Accountability: Balancing Majority Rule and Minority Rights

This paper identifies accountability as the essential ingredient required to make the ideals of constitutionalism a reality. The author offers a definition in which three tests for constitutionalism are set out. These are, firstly, limitations on th…

Constitutionalism and the Juridical Governance Implications of a Continental Order

"In this paper attention has been focused on the broader concept of constitutionalism, rather than the narrow idea of “a constitution”, in examining the constitutional implications of a continental order. This is primarily because constitutionalism…

Governance Assessment and Monitoring in Botswana

"Good governance is a major challenge to African States. The main objective of this study was to encourage and keep track of improvements in good governance in Botswana by monitoring and publicising progress, or the lack thereof. Specific objectives…

Strengthening Constitutional Order and Upholding the Rule of Law in Central Africa: Reversing the Descent towards Symbolic Constitutionalism

Some of the challenges were examined in this article that have arisen as part of attempts during the past two decades to entrench a culture of constitutionalism and respect for law in Central Africa. It shows how, from a background of constitutions…

Building Freedom? Securing Constitutionalism and Civil Liberties in Africa: An Analysis of Evidence from the APRM

"Africa’s turn to electoral democracy over the past three decades has rightly been hailed as a significant achievement, but it has not rid the continent of restrictive and authoritarian governance impulses. This report attempts to interrogate the c…

Rebuilding Constitutionalism and Rule of Law in Zimbabwe

On March 16, 2013, following a nationwide referendum which saw a turnout of more than half of those eligible to vote (3.3 million), a new draft constitution for Zimbabwe was approved by an overwhelming majority (95%) of participants. The document pr…

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