Comparative Overview of Measures and Devices to Shape the Economy in Some Modern African Constitutions

Abstract

Abstract This chapter provides an overview of the economic doctrines, principles, measures, and devices that have been incorporated, explicitly or implicitly, in modern African constitutions to guide government action and promote development. In so doing, the chapter considers how these ‘economic constitutions’ pave the way for consolidating constitutionalism and respect for the rule of law. An economic constitution entails that a rule-based approach is taken to economic policy. Such a constitution establishes a framework that seeks to guide government action and ensure that the government’s management of the economy not only promotes growth and development but protects the country’s economic and political sovereignty. The chapter examines the types and levels of economic rights recognized and protected in the constitutions of the selected countries. It then discusses the role of institutions for economic management and considers whether the relevant provisions are strong enough to promote proper economic management. This is followed by an analysis of the interplay between the constitution, the economy, and constitutionalism. It is shown that there is close interdependence between the measures and mechanisms designed to promote a sound economic constitution and those that promote constitutionalism, respect for the rule of law, and good governance. The chapter ends by suggesting some ways in which constitutionalism in general and economic constitutionalism in particular can be promoted to protect a country’s economic and political sovereignty as well as its ability to pursue economic growth and development.