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INTRODUCTION African countries in transition towards competitive, multiparty politics have one transitional challenge in common: The need for establishing or redefining constitutional legitimacy, and for constructing legitimate democratic institutions. In many countries of Sub-Saharan Africa this has been the main subject of 'transitional politics'. At stake is the formulation or reformulation of the 'basic law' of the land and the design of key political institutions for the exercise and control of state power. However, apart from concerns with constitutional documents, attention is being paid to the dynamic process of constitution-making. One dimension of this process concerns the creation of civic commitment and adherence to the principles of the constitution, or constitutionalism. Constitutionalism refers to the principles of constitutional authority, and adherence to these principles by the ruling elites. A key component of constitutionalism is the constraints put on both the legislative and executive branches of government, and the protection of the rights of minorities. This implies, for instance, that majoritarian democracy has to respect minority rights. Constitutional government is limited.' In Africa, however, this principle became seriously impaired in the years following independence. Soon after independence, the principle of limited government embodied in many of the independence constitutions
Human Rights in Development Online – Brill
Published: Jan 1, 1998
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