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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Constitution-making, legitimacy and rule of law: a comparative analysis
Author:Abioye, F.T.
Year:2011
Periodical:The Comparative and International Law Journal of Southern Africa (ISSN 0010-4051)
Volume:44
Issue:1
Pages:59-79
Language:English
Geographic terms:Africa
Nigeria
South Africa
Subjects:rule of law
constitutions
popular participation
Abstract:The African continent has been besieged by a vast range of problems in modern times. These include abnormally high levels of poverty, incessant outbreaks of war, ineptitude of its leaders and their reluctance to relinquish power, corruption, and persistent underdevelopment. These problems stem principally from the failure of good governance on the continent. This is further exacerbated by the inability of the law to rule, and to provide a conducive environment for growth and nation building. This article traces one of the reasons for the continued failure of the rule of law in Africa to the foundational law in most African countries, the constitution, and in particular, the way in which the constitution is made. As case in point, the participation of the people in the constitution-making processes in Nigeria and South Africa is examined, together with the effect this has on the way the people relate to such constitutions, and inadvertently, the impact on the legitimacy of such constitutions. Notes, ref., sum. [Journal abstract, edited]
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