Internationalization of constitutional law and constitutionalism in Africa

Abstract

This paper aims to examine the possible impact that the internationalization of constitutional law may have on constitutional developments and the consolidation of constitutionalism and the rule of law in Africa. As an attempt to provide universal solutions to some of the common problems we face today, the phenomena of internationalization has seen the increasing willingness of legislatures and judiciaries to look beyond the national boundaries for solutions to domestic legal problems. In spite of significant developments since the 1990s, Africa is still faced with numerous challenges. After showing that the traditional conception of constitutional law never excluded some role for international law, the first section of the paper proceeds to examine the various ways in which the internationalization of constitutional law is influencing, reshaping and in certain instances, replacing domestic constitutional law in many African countries. It then considers some of the implications of the internationalization process on domestic constitutional law. It is shown that, in spite some criticism of this process as an infringement of sovereignty, the internationalization of constitutional law nevertheless acts as a sort of compensatory constitutionalism. The paper concludes that the reach of international law principles and standards in domestic constitutional law are likely to expand in the future and are critical to maintaining the momentum for constitutionalism in Africa at a time when ominous signs of authoritarian revival are emerging.