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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:'Perfecting Imperfections': Developing Procedures for Amending Constitutions in Commonwealth Africa
Author:Hatchard, JohnISNI
Year:1998
Periodical:Journal of Modern African Studies
Volume:36
Issue:3
Period:September
Pages:381-398
Language:English
Geographic term:English-speaking Africa
Subjects:Commonwealth
constitutional amendments
Law, Human Rights and Violence
Politics and Government
External link:https://www.jstor.org/stable/161789
Abstract:This article critically analyses the various formal amendment procedures adopted in the new constitutions of Commonwealth African countries, and the extent to which they protect the document itself from being 'undermined'. It considers at the outset the need for a power to amend a constitution at all, then examines the amendment procedure contained in some constitutions. The Westminster model amendment procedure, which requires approval by a special parliamentary majority, still forms the basis for formal constitutional amendment in most Commonwealth countries. The Zimbabwean and South African experiences show that the current amendment provisions in the new constitutions of Commonwealth Africa are generally unsatisfactory, in that they do not adequately protect the document from retrogressive amendment. The article considers the possible replacement of the SPMP (Special Parliamentary Majority Procedure), paying attention to alternative approaches adopted in Namibia, Malawi and Uganda, and discusses whether parliament is the appropriate body for amending the constitution at all. It concludes that the critical issue is to provide a clear distinction between the procedure for amending the constitution, which requires a high level of public debate and participation, and that for the passing of 'ordinary' legislation. Notes, ref.
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