The new generation of African constitutions from the 1990s aimed to embed democracy and constitutionalism after decades of instability. However, frequent amendments threaten this progress. This book examines the processes of constitutional change and how amendments can be made without undermining efforts to entrench democracy and constitutionalism.
The new generation of African constitutions from the 1990s aimed to embed democracy and constitutionalism after decades of instability. However, frequent amendments threaten this progress. This book examines the processes of constitutional change and how amendments can be made without undermining efforts to entrench democracy and constitutionalism.
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.
Inhaltsangabe
* Introductory Remarks: 30 Years of Constitutionalism in Africa: Between Myth and Reality * 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
* Introductory Remarks: 30 Years of Constitutionalism in Africa: Between Myth and Reality * 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
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