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Constitutional Change and Constitutionalism in Africa: Stellenbosch Handbooks in African Constitutional Law

Charles M. Fombad, Nico Steytler
en Limba Engleză Hardback – 19 iun 2025
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.
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Specificații

ISBN-13: 9780198957003
ISBN-10: 0198957009
Pagini: 480
Dimensiuni: 171 x 246 mm
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Stellenbosch Handbooks in African Constitutional Law

Locul publicării:Oxford, United Kingdom

Notă biografică

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.