Constitutionalism in Africa and Beyond

Whether in major world powers or smaller economies, constitutions around the globe are facing increasing challenges. In the United Statesa country whose judiciary often dominates discussions on constitutionalism President Donald Trump responded to unfavourable judicial rulings by calling for the impeachment of the judges involved, expressing his demands via tweets in March 2025. In January 2025, security detail was withdrawn from Kenya's first female Chief Justice, highlighting the growing pressures faced by judiciaries worldwide. Issues such as the judicialization of politics and the protection of human rights have become enduring concerns across nearly every country. Emerging political and legal developments continually challenge courts and constitutions, often constraining the powers of judges, politicians, and other actorswhile simultaneously creating new opportunities for these same actors to expand their influence. At the heart of these shifting dynamics lies a fundamental question: who holds whom accountable, to what extent, and under what conditions? This book explores various dimensions of constitutionalism in Africa and beyond, including, but not limited to, judicial independence, the judicialization of politics, and the politicization of the judiciary. What makes this volume a must-read is its interdisciplinary and comparative approach. Most chapters go beyond merely analysing legal provisions that empower or weaken different branches of government; they also examine the social, political, and economic factors that shape constitutionalism. Two chapters offer a comparative analysis of African and non-African jurisdictions. The final chapter synthesizes the key takeaways from the book.

Provides an interdisciplinary and comparative analysis of judicial independence and the rule of law in Africa Analyses distinct aspects of judicial independence and the rule of law in a variety of African jurisdictions Offers new insights into the wider literature on judicial independence in the Global South

Autorentext

Dr. Nauman Reayat is a Lecturer at the University of Leicester, Leicester Law School, UK. He previously held an Economic and Social Research Council Postdoctoral Fellowship at the School of Law and Politics, Cardiff University, where he completed a project titled Judicial Independence in Authoritarian and Hybrid Regimes (project reference: ES/W007223/1). His chapter titled "Judicial Populism and Judicial Independence in Developing Democracies: Comparing Egypt and Pakistan" in this book forms part of that project. He earned his PhD from the University of York in December 2020, with a thesis entitled Judicial Independence in Authoritarian and Hybrid Regimes: Lessons from Pakistan. Dr Reayat is also the Founder and Chief Convener of the Global South Network.

Professor Hakeem O. Yusuf is Professor of Global Law, University of Derby. He is also a Barrister, and Solicitor of the Supreme Court of Nigeria. His book, Colonial and Post-Colonial Constitutionalism in the Commonwealth: Peace, Order and Good Government (Routledge Abingdon 2014), was awarded the prestigious John T. Saywell Prize for Canadian Constitutional Legal History for 2015 and shortlisted for the Kevin Boyle Prize 2015 by the Irish association of Law Teachers (IALT).

Inhalt

Introduction.- Judicial Populism and Judicial Independence in Developing Democracies: Comparing Egypt And Pakistan.- Ethiopia: Federalism without Constitutionalism?.- The Past has not Passed Away: Burdens of an Unreformed Judiciary.- Path Dependency and the Politics of Judicial Governance by the Higher Judicial Council in Cameroon.- The Paradox of Madagascar's Legal Institutions: Rethinking Law's Rule.- Rule of Law, Judicial Independence, and International Development: Cambodia.- Courts as sites of Political Contestation: A South African Perspective.- Conclusion.