Democracy, Elections, and Constitutionalism in Africa

Edited by Charles M. Fombad and Nico Steytler

Stellenbosch Handbooks in African Constitutional Law

Examines how multiparty democracy currently works in Africa using case studies from a wide range of African countries and considers ways in which to achieve constitutional democracy, a key component of constitutionalism
Provokes fresh, critical, and original thinking on how present challenges could be overcome and genuine democracy, constitutionalism, and the rule of law could be made a living reality in Africa
Explores how both African and international actors can support and strengthen electoral democracy by adopting a range of measures to promote good governance, constitutionalism, and the rule of law, most importantly the African Union's adoption of the African Charter on Democracy, Elections and Governance.

Democracy, Elections, and Constitutionalism in Africa

Edited by Charles M. Fombad and Nico Steytler

Stellenbosch Handbooks in African Constitutional Law

Description

The third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life. Multiparty democracy was at the core of the constitutional revolutions that swept through most of Africa in those watershed years. However, that wave is either losing momentum or receding - or being reversed in its entirety.

This volume examines democracy and elections in Africa, a focus motivated by two concerns. First, after 30 years it is important to take stock of the state of constitutional democracy on the continent. The democratic gains of the 1990s and 2000s seem to be falling by the wayside, with the evidence mounting that regimes are concealing authoritarianism under the veneer of elections, doing so in an international context where populist regimes are on the rise and free and fair multiparty elections are consequently no longer a given. It is becoming a battle to protect and retain constitutional democracy.

The second reason for this volume's focus on democracy and elections is that multiparty democracy is essential for the proper functioning of the state in addressing the major problems facing Africa - internal conflict, inequality and lack of development, and poor governance and corruption. The focus of this volume is thus on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.

Democracy, Elections, and Constitutionalism in Africa

Edited by Charles M. Fombad and Nico Steytler

Stellenbosch Handbooks in African Constitutional Law

Introduction: Democracy, Elections, and Constitutionalism in Africa, Nico Steytler
Part 1: Making Multiparty Democracy Work in Africa
1.:Democracy, Elections and Constitutionalism in Africa: Setting the Scene, Charles M. Fombad
2.:How Could We Design Democracy to Make it Work in the African Context, Nicholas Cheeseman
3.:The Africa Union and the Advancement of Democracy: The Problem of Unconstitutional Retention of Governmental Power., Adem Abebe and Charles M. Fombad
4.:Local Multiparty Democracy in Africa, Nico Steytler
Part 2: Authoritarian Multiparty Democracy: Case Studies
5.:Multiparty Democracy in Zimbabwe After the Adoption of the 2013 Constitution, Tinashe Chigwata
6.:Competitive Authoritarianism in a Constitutional Democracy: The Case of SWAPO in Namibia, Henning Melber
7.:Constitutionalism and Electoral Authoritarianism in Ethiopia: From EPRDF to EPP, Zemelak Ayitenew Ayele
8.:Constitutionalism and Developmental Authoritarianism: Power, Law and Legitimacy in Post-Genocide Rwanda, Teresa Noguira Pinto
9.:Egypt's Plasticine Constitution: Autocratic Democracy and the 2018 Presidential Elections, Sherif Elgebeily
Part 3: Enhancing the Role of Political Parties in Making Democracy Work
10.:Internal Party Democracy in Tanzania: A Reflection on Three Decades of Multiparty Politics, Edwin Babeiya
11.:Party-political Financing, Democracy and Constitutionalism in Ethiopia (1991-2018), Zelalem Defigie
Part 4: Enhancing Democratic Quality Through Electoral Processes
12.:Nigeria in Search of a Credible Electoral Administration: Recent Reforms and Persistent Challenges, Rotimi Suberu
13.:Adjudication of Disputed Presidential Elections in Africa, O'Brien Kaaba and Charles M. Fombad
Part 5: Promoting Inclusive and Participatory Democracy
14.:Women's Participation in Elections and Legislatures in Kenya Under the 2010 Constitution, Jill Cottrell Ghai
15.:How Zimbabwe's 2013 Constitution Addresses Women's Election and Participation in Parliament, Makanatsa Makonese
Part 6: General Conclusion
16.:Reversing the Surging Tide towards Authoritarian Democracy in Africa, Charles M. Fombad

Democracy, Elections, and Constitutionalism in Africa

Edited by Charles M. Fombad and Nico Steytler

Stellenbosch Handbooks in African Constitutional Law

Author Information

Edited by Charles M. Fombad, Professor of Law, Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, and Nico Steytler, South African Research Chair in Multi-level Government, Law and Policy, University of the Western Cape

Charles M. Fombad is Professor of Law and head of the African Comparative Constitutional Law Unit of the Institute for International and Comparative Law in Africa (ICLA), based at the Faculty of Law of the University of Pretoria.

Nico Steytler is South African Research Chair in Multi-level Government, Law and Policy, at the University of the Western Cape.

Contributors:

Adem Abebe
Zemelak Ayitenew Ayele
Edwin Babeiya
Nicholas Cheeseman
Tinashe Chigwata
Zelalem Defigie
Sherif Elgebeily
Charles M. Fombad
Jill Cottrell Ghai
O'Brien Kaaba
Makanatsa Makonese
Henning Melber
Teresa Noguira Pinto
Nico Steytler
Rotimi Suberu