Constitutional Change and Constitutionalism in Africa

by Fombad, Charles M.; Steytler, Nico

• ISBN13: 9780198957003
• ISBN10: 0198957009
• eBook ISBN(s): 9780198957027
• Format: Hardcover
• Copyright: 2025-09-19
• Publisher: Oxford University Press
• More Book Details

Summary

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.

Author Biography

Charles M. Fombad, Director, Institute for International and Comparative Law in Africa, University of Pretoria,Nico Steytler, Professor Emeritus, Dullah Omar Institute of Constitutional Law, Governance and Human Rights, University of the Western Cape

Charles M. Fombad is a Professor of Law and the Director of the Institute for International and Comparative Law in Africa (ICLA) at the Faculty of Law, University of Pretoria. He is a member of the Academy of Science of South Africa, an Associate Member of the International Academy of Comparative Law, and a former Vice President of the International Association of Constitutional Law. His research interests include comparative African constitutional law, media law, African Union law, and legal history, with a particular focus on issues of mixed legal systems and legal harmonization. He has published extensively in these areas.

Nico Steytler is a Professor Emeritus in the Faculty of Law at the University of the Western Cape (UWC). Previously, he held the South African Research Chair in Multilevel Government, Law, and Development at the Dullah Omar Institute of Constitutional Law, Governance, and Human Rights, UWC, from 2013 to 2022. From 1994 to 2012, he served as the Director of the Community Law Centre, UWC (the predecessor of the Dullah Omar Institute). His research focuses on constitutional law, multilevel government, and local government in South Africa, other parts of Africa, and beyond. He has published several books and contributed to many others in these fields.

Table of Contents

Introductory Remarks: 30 Years of Constitutionalism in Africa: Between Myth and Reality, Babacar KantéGeneral Introduction: Constitutional Change and Constitutionalism in Africa, Nico Steytler and Charles M. FombadPART 1. GENERAL OVERVIEW1. An Overview of the Legal Framework for Amending Modern African Constitutions, Charles M. FombadPART 2. CONSTITUTION-BUILDING, CONSTITUTION-MAKING, CONSTITUTIONAL CHANGE, AND CONSTITUTIONALISM2. Changing Modes of Constitution-making in Africa: Do the Means Guarantee the Ends?, Heinz Klug3. Reimagining Constitutional Change and Democracy in Africa: Emerging Supranational Standards for Constitutional Change, Adem Kassie Abebe4. Making and Amending Federal Constitutions in Africa, Nico Steytler, Zemelak Ayitenew Ayele, and Henry Paul GichanaPART 3. ETERNITY CLAUSES, CONSTITUTIONAL UNAMENDABILITY, CONSTITUTIONAL CHANGE, AND CONSTITUTIONALISM5. Eternalized Core Provisions in the Constitutions of the Lusophone Countries in Africa and Their Uncertain Destinies, André Thomashausen6. Eternity Clauses in African Constitutionalism: A Case Study of CEMAC Countries, Abdou Khadre DiopPART 4. THE JUDICIARY, CONSTITUTIONAL CHANGE, AND CONSTITUTIONALISM7. The Trouble with Judicial Amendments: Lessons from Ghana, Maame A.S. Mensa-Bonsu8. 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, Lauren Kohn9. The Basic Structure Doctrine and the Politics of Constitutional Change in Kenya: A Case of Judicial Adventurism?, Migai AkechPART 5. CASE STUDIES:DISTINCT PROFILES OF CONSTITUTIONAL CHANGE10. A Divided Quest for a More Perfect Union: Ethno-regionalism, Recurrent Constitutional Alterations, and the Failure of Institutional Change in Nigeria's Fourth Republic, Rotimi T. Suberu11. Constitutional Adaptation and Change in Ethiopia, Assefa Fiseha12. Citizens' Collective Action, Constitutional Changes, and Constitutionalism: Lessons from the Building Bridges Initiative in Kenya, Dr Marystella Simiyu and ProfTrésor Muhindo Makunya13. Craving Stability, Flirting with Change: Understanding Constitutional Change in Malawi Since 1994, Mwiza Jo Nkhata14. The Complex Path of Constitution-Making in Conflict-Ridden States: A Case Study of Libya, Rania Hussein KhafagaPART 6. GENERAL CONCLUSION15. Three Decades of Trying to Avert Frequent and Abusive Changes to African Constitutions: Lessons for the Future, Charles M. Fombad