Sep 2026· African Journal of Legal Studies· 0 citations
Abstract
There has been resurgence and rising interest to study constitutions and constitutionalism in Africa since the end of the Cold War. Yet, one area that has not been sufficiently explored remains the relationship between the nature of political power and how it impacts constitutionalism. The central question of this piece is to analyze how the nature and exercise of power impact constitutionalism in Africa. Have constitutions been able to institutionalize, regulate power and limit it or do they continue to be its mere instruments? It is based on comparative analysis of constitutions and practices drawing trends and lessons. Globally available data such as global freedom score, rule of law index, human rights index, corruption index and decisions of highest courts from selected countries will be used as source to draw trends and observations. It is argued, while there is some notable progress towards constitutionalism since the end of the Cold War, political power in the continent remains far from institutionalized and defies horizontal and vertical separation of powers. Despite crude formalism, political power in many parts of Africa remains in the hands of informal but dominant political actors and impacts constitutionalism and institution building. Whatever institutional designs one puts in place, hegemonic political party, big man, business elite, army or clan based elites remain the main actors that operate the political machine behind the formal constitutional arrangements making constitutionalism and the effort to institutionalize power a daunting task. Constitutionalism in Africa cannot be understood in isolation from the nature of state power. Constitutions largely camouflage the authoritarian and neo-patrimonial character of state power and are largely used as instruments of power. Constitutionalism remains the exception than the rule and Africa continues to be the graveyard of constitutionalism.
Uganda’s tumultuous political history is, among others, viewed through the exercise of political power. Courts in Uganda have been confronted with various challenges, which have constrained their ability as agents of transformation. From the abduction of Chief Justice Benedicto Kiwanuka in 1972 to the siege of Uganda’s...
The background of this study is the global resurgence of populist movements that challenge the
foundational principles of constitutional democracy. From the United States to Hungary, from
Brazil to Italy, populist leaders have come to power by claiming to represent the true people
against corrupt elites, and in doin...
Anokwuru Christian Uche· JOURNAL OF POLITICAL SCIENCE...· 0 citations
This study addresses the issue of political crises and national dialogue and their impact on the Lebanese constitutional system, based on the distinctive nature of the Lebanese constitutional experience and its close interrelationship between constitutional provisions, political practice, and sectarian balances. The st...
A. Kabalan· مجلة القرار للبحوث العلمية ا...· 0 citations
Protest is an essential component of a democratic society and plays a significant part in securing the meaningful participation of citizens in the governance of the country. In India the right to express dissent and to assemble peaceably provides citizens with an important means of communicating grievances, questioning...
B. Priyadharshini, K. Rajeshkumar· International Journal of Law...· 0 citations
India Liberatedoffers a clear and engaging introduction to India’s Constitution, presenting it not as a fixed set of rules but as a document that has evolved alongside the nation.It traces how the Constitution, framed between 1946 and 1949, drew heavily on global ideas of democracy while also reflecting the concerns an...
The International IDEA Annual Review of Constitution-Building examines global constitutional reform efforts around the world. The 2025 review covers cases from Africa, Asia, Latin America, the Middle
East, and the Pacific, highlighting the challenges facing democratic constitutionalism amid political transitions, polar...
A. Abebe, S. P. Hickey, Alexander Hudson et al.· 0 citations
We use cookies to run the site and, with your consent, for analytics and to show ads.
See our Cookie Policy.