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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Magic Wand in Making Constitutions Endure in Africa: Anything (Lessons) to Learn from East Africa
Author:Peter, Chris M.ISNI
Year:2007
Periodical:African and Asian Studies
Volume:6
Issue:4
Period:November
Pages:511-535
Language:English
Geographic term:East Africa
Subjects:constitutionalism
separation of powers
Law, Human Rights and Violence
Politics and Government
External link:https://doi.org/10.1163/156921007X237007
Abstract:Most African countries got their flag independence in the 1960s. Soon thereafter, one after the other, the new States began falling into the hands of new military strongmen. Those lucky fell under one-party dictatorships. Democracy and rule of law became alien to the continent. Using the case study of East Africa, this paper asks what should be done to improve the situation on the continent. Many thought that the introduction of a multiparty political system in the 1990s would improve the situation. This did not happen. The same military juntas traded military fatigues for designer suits and got themselves 'elected' into the same offices they had obtained by force in the first place. Constitutions in Africa are not worth the paper they are written on. They are amended just like any other inferior law. This paper attempts to propose what could be done to make constitutions in Africa endure over time and become more stable. It suggests that Africa needs to respect the main tenets of constitutionalism. These are rule of law, independence of judiciary and clear separation of powers in the State. These principles should be complemented by the development of a culture of peace, respect for fundamental rights and freedoms, equal access of all citizens to the natural wealth and resources of the country, and limited leadership. As a model for constitutionalism, the East African region has nothing to offer to the continent. Bibliogr., notes, ref., sum. [Journal abstract]
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