Constitutional reforms and constitutionalism in Africa : reflections on some current challenges and future prospects.

Abstract

The objective of this paper will be to consider, in the light of the challenges to constitutionalism that have emerged since the third generation of constitutions were adopted in the 1990s, what needs to be done to sustain the momentum towards constitutional governance on the continent. The foundations for promoting constitutionalism, good governance and democracy have been laid down in these reforms, but ominous signs of an authoritarian revival loom large. This may suggest that these reforms were either inadequate or did not address many of the critical problems of our times. Ensuring that constitutions are not easily abrogated, subverted, brazenly ignored or rendered dysfunctional by opportunistic self-seeking transient majorities remains a challenge. It will be too optimistic to expect any radical constitutional reforms as far-reaching as those that took place in the 1990s. It will be argued that the future of African constitutionalism will probably depend on slow and incremental changes by those ready to defend the constitution against its enemies. The paper will briefly highlight the main feature of the reforms that have taken place, consider the main challenges that remain and focus on how these challenges can be overcome. The discussion will show how a range of stakeholders such as the judiciary and academic institutions are critical to the consolidation and sustainability of constitutionalism in Africa.