Politics and Constitutionalism: Entrenching the Rule of Law in Africa

Abstract

The influence of a constitution may seem obvious particularly in Africa. Sometimes, there are tensions between the principles supporting governance issues such as an electoral process and the promotion of majority rule; giving a voice for minorities, inclusiveness, and freedom of expression; assembly; the free press and political culture. This study employs a content analysis to examine the concept of politics and constitutionalism in Africa and how the rule of law can be entrenched. The findings provide lessons in the development of constitutionalism relating to governance of the political life in which the constitutional forms are located. In some cases, regional institutions have only paid lip service. Elites amend the constitution to reserve for themselves unfettered discretion on public affairs. It appears that electoral systems in some African countries have fallen short of expectations of a democratic process due to non-compliance of the rule of law, lack of the practice of constitutionalism, weak institutions and bad political culture. Kenya and Zimbabwe serve as examples where election results have been disputed heavily. It is recommended that politics should be instrumental to the implementation of constitutions and not vice versa and that Afro-pessimism or Afro-optimism should translate to Afro-realism.