Abstract
An overview of the crisis of the rule of law in Africa
Highlights
The rule of law, generally regarded as essential to modern constitutional democracy, appeared to have enjoyed a revival in Africa during the so-called ‘third wave’ of democratisation in the 1990s.(2018) 18 AFRICAN HUMAN RIGHTS LAW JOURNALThere were promising signs that the days of repressive military or oneparty dictatorship were over and that a new era of governance had been ushered in, one guided by the principles of constitutionalism, democracy, good governance and rule of law
Based on the approach adopted by the Council of Europe and the European Union, it is argued that the African Union and regional economic communities must develop a well thought-out strategy within the existing normative frameworks to address the present problems of systemic threats to and persistent breaches of the rule of law
The maintenance of the rule of law is of critical importance: It is the bedrock on which the democracy and democratic practices needed for political stability and economic growth are founded
Summary
After the wave of democratic and constitutional reforms in the 1990s, the rule of law appeared to have enjoyed a revival in Africa. It is argued that developing an appropriate strategy for dealing with the persistent, systemic and systematic threats to the rule of law in Africa requires an understanding of the nature and extent of the crisis. After exploring the meaning and scope of the concept of the rule of law, this article, guided by a number of regional and international indicators, assesses the extent of Africa’s rule of law problems. It examines the various options for facilitating systematic monitoring of the enforcement of rule of law standards.
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