Some perspectives on durability and change under modern African constitutions

dc.contributor.authorFombad, Charles Manga
dc.contributor.emailcharles.fombad@up.ac.za.en_US
dc.date.accessioned2013-09-19T14:14:18Z
dc.date.issued2013-02
dc.description.abstractA major cause of political and constitutional instability in post-independence Africa was the ease with which political leaders subverted constitutionalism by arbitrarily changing constitutions to suit their political agendas. During the constitutional reforms of the 1990s many provisions were introduced in most African constitutions aimed at limiting the ability of governments to abusively change constitutions. Because of the critical importance of controlling the process of constitutional change to entrenching constitutionalism, this paper attempts to critically examine and analyze some of the different control devices that have been introduced. The objective is to see to what extent they may help not only to promote constitutionalism but also enhance constitutional durability and stability. The first part considers why it is important for constitutional designers to include special procedures to regulate and control the constitutional amendment process. The second part examines the different amendment patterns in a number of selected African countries. The third part considers the practical implications of the various control devices in terms of their actual and potential impact on the nurturing and growth of constitutionalism on the continent. The paper concludes that although there has been some progress, more changes still need to be introduced to check the problem of arbitrary constitutional change in Africa.en_US
dc.description.embargo2015-02-28
dc.description.librarianhb2013en_US
dc.description.urihttp://icon.oxfordjournals.org/en_US
dc.identifier.citationFombad, CM 2013, 'Some perspectives on durability and change under modern African constitutions', International Journal of Constitutional Law, vol. 11, no. 2, pp. 382-413.en_US
dc.identifier.issn1474-2640 (print)
dc.identifier.issn1474-2659 (online)
dc.identifier.other10.1093/icon/mot001
dc.identifier.urihttp://hdl.handle.net/2263/31760
dc.language.isoenen_US
dc.publisherOxford University Pressen_US
dc.rights© The Author 2013. Oxford University Press and New York University School of Law. All rights reserved.This is a pre-copy-editing, author-produced PDF of an article accepted for publication in International Journal of Constitutional Law. following peer review. The definitive publisher-authenticated version International Journal of Constitutional Law, vol. 11, no. 2, pp. 382-413, 2013 is available online at : doi : 10.1093/icon/mot001en_US
dc.subjectPolitical and constitutional instabilityen_US
dc.subjectPolitical agendasen_US
dc.subjectCritical importanceen_US
dc.subjectControlling the processen_US
dc.titleSome perspectives on durability and change under modern African constitutionsen_US
dc.typePostprint Articleen_US

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