Abstract:
This thesis examines how the constitutionalisation of political parties is implemented
in the political systems of the Central African Republic (CAR), Senegal and South
Africa, and how this affects constitutionalism and the rule of law. These countries’
different political histories and their successful or unsuccessful democratic experiences
make them appropriate for selection in this research.
The thesis argues that party constitutionalisation is the expression of pluralism,
participation and competition. The constitutionalisation of political parties in modern
democracies therefore highlights the relevance of political parties as indispensable
institutional components of the democratic system and factors of political stability. The
thesis finds that, at various levels, the process of implementing party
constitutionalisation remains a challenge in the CAR, Senegal and South Africa. The
entrenchment of political parties in national constitutions does not necessarily imply
that their constitutional rights and obligations are fulfilled and that government authorities, as primary enforcer of the constitution, ensure that appropriate and enabling
instruments and mechanisms are in place in this regard. The thesis therefore
recommends the entrenchment and promotion of judicial independence in national
constitutions as in CAR, Senegal and South Africa. Specific references to the South
African constitutional provisions are made with regard to ensuring judicial
independence and setting the scope of judicial review by the Constitutional Court. The
thesis also highlighted the need for entrenching transparency and accountability
institutions in constitutions as a way of protecting political parties against manipulation
and pressure from state actors. It highlights the role of international and African Union
human rights mechanisms in promoting constitutionalism and party
constitutionalisation.
