On October 25, Chilean citizens overwhelmingly voted to replace the country’s dictator-era constitution. This is an opportunity to look at the process of drafting basic laws around the world.
Academic rigor, journalistic flair
Articles on Constitutionalism
Displaying 21 - 40 of 44 articles
African countries need to make a concerted effort to establish a continental two-term policy.
The fundamental structure of the current constitution, which is cast in classical Westminster conceptions, is unsuited for modern-day constitutionalism.
The judgment creates a new layer of uncertainty in an already highly fluid situation and heaps further unwelcome pressure onto government.
The doctrine of equality is ingrained both in theory and in the express provisions of Lesotho’s constitution.
By placing less emphasis on public opinion, and questioning public morality as the basis of its decision, the latest High Court decision shows that times have indeed changed.
An effective, accountable National Prosecutions Authority needs at least two things: structural independence and competent personnel with expertise and integrity.
South Africa’s constitution has been amended 17 times already. But, the procedure for doing so is onerous.
South Africans expect former president Zuma him to take responsibility and remedy his undemocratic and unconstitutional behaviour.
A tumultuous era has ended and there’s a silver lining to the cloud that has been hanging over South Africa.
Both South Africa’s courts and its legislature have failed to do their bit in creating a culturally diverse society.
Opposition leader Mmusi Maimane’s takeover of responsibility for tackling the Western Cape water crisis blurs party and state lines.
Cyril Ramaphosa is likely to emphasise stability - in government and the ANC. Given his history he is likely to want to stabilise the economy rather than pursue radical interventions.
A week after the army issued its limp-wristed and ambiguous statement that Mugabe should go, he remains in place, and a new avenue - impeachment - is being pursued to get rid of him.
Zambia has gone from a country where people engaged freely in open political debate to one where most people now look over their shoulders to see who’s listening.
The public protector’s proposal to change the mandate of South Africa’s Reserve Bank goes well beyond changing individual rules to overturning their very foundation, anchored in the Constitution.
The internal processes of South Africa’s ruling ANC for electing the president is distorted by money, patronage, factionalism and vote-rigging. It negates the democratic legitimacy the party claims.
President Jacob Zuma’s grounds for appeal are surreal. He invokes the meaning of a rule set by the apartheid context he ferociously fought against, to justify his executive action in a democracy.
The clash over South Africa’s Traditional Courts Bill is essentially about custom and constitutionalism. The government is often seen as pandering to traditional leaders’ whims.
Attempts to deepen democracy in Africa by limiting presidential terms to two have not entirely quashed a culture of entitlement to rule. Glimpses of it persist, much against citizens’ wishes.
Top contributors
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Head of Department, Public and Environmental Law Department, University of Limpopo
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Professor of Sociology, University of the Witwatersrand
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Professor Emeritus of Public Law, University of Cape Town
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Associate Professor in Public Law, University of Cape Town
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Professor of Law, University of the Witwatersrand
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Senior Researcher at the Arnold Bergstraesser Institut, Freiburg Germany, University of Freiburg
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Associate Professor in Public Law, University of Cape Town
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Assistant Professor, School for Global Inclusion and Social Development, UMass Boston
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Emeritus Professor of Private Law, University of Cape Town
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Political Scientist, University of the Western Cape
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Professor of Public Affairs, Tshwane University of Technology
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Director of the Leaders of Africa Institute and Research Affiliate with Davidson College, Davidson College
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Chief Research Specialist in Democracy and Citizenship at the Human Science Research Council and a Research Fellow Centre for African Studies, University of the Free State
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Senior lecturer in the Department of Political and Administrative Studies at the University of Malawi and Research Associate, Centre for Social Science Research, University of Cape Town
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Honorary Professor of International Relations, University of the Witwatersrand
