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

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Summary

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.

Introduction
Meaning and scope of the rule of law
See Bingham Centre for the Rule of Law ‘Short course
Assessing the evidence of the rule of law crisis in Africa
International indicators of the rule of law crisis in Africa
Evidence based on the World Justice Project’s Rule of Law Index
Evidence based on the Freedom House Freedom in the World surveys
Evidence based on the Fragile States Index
Evidence from a regional indicator
37 See Mo Ibrahim Foundation ‘A decade of African governance 2006-2015
Some tentative conclusions
Addressing the crisis of the rule of law in Africa
Mechanisms for addressing Africa’s rule of law challenges
Learning from the Council of Europe and the European Union
Council of Europe framework for monitoring the rule of law
European Union framework for enforcing the rule of law
Conclusion
Findings
70 The current list of the longest-serving presidents is as follows
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