CONSTITUTIONAL REFORMS AND CONSTITUTIONALISM IN AFRICA: REFLECTIONS ON SOME CURRENT CHALLENGES AND FUTURE PROSPECTS From antiquity down to the modern era, philosophers, political scientists and jurists have always recognised the imperatives of constitutionalism
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چکیده
From antiquity down to the modern era, philosophers, political scientists and jurists have always recognised the imperatives of constitutionalism and the difficulties of attaining this. It is perhaps trite to say that we live in a time of rapid and momentous changes in every sphere of life, none more so than in constitutional governance. For Africa, after more than four decades of mostly authoritarian, corrupt and incompetent rule, the 1990s began with a slow and painful move towards what many optimistically hoped will usher in a new era of democratic governance and constitutionalism. One of the main features of this process has been constitutional reforms designed to introduce constitutions that promote constitutionalism and good governance. The objective of this presentation is to consider, in the light of the challenges to constitutionalism that have emerged since these third generation of constitutions were adopted in Africa, what needs to be done to sustain the momentum towards constitutional governance on the continent. The basic contention is that although the foundations for promoting constitutionalism, good governance and democracy have been laid down in these reforms, the threats of authoritarian resurgence emerging in the last few years suggests that these changes did not either go far enough or address the critical problems of the moment. It is no surprise that one commentator has rightly suggested that these developments have made power in Africa to resemble the two-faced god (Janus) in Roman mythology. One face which is looking at the outside world appears to be liberal, democratic, polished, refined and orthodox whilst the other one which looks inward and is concealed is surly, implacable, and savage.
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CONSTITUTIONAL REFORMS AND CONSTITUTIONALISM IN AFRICA: REFLECTIONS ON SOME CURRENT CHALLENGES AND FUTURE PROSPECTS From antiquity down to the modern era, philosophers, political scientists and jurists have always recognised the imperatives of constitutionalism
From antiquity down to the modern era, philosophers, political scientists and jurists have always recognised the imperatives of constitutionalism and the difficulties of attaining this. It is perhaps trite to say that we live in a time of rapid and momentous changes in every sphere of life, none more so than in constitutional governance. For Africa, after more than four decades of mostly author...
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