The new series Stellenbosch Handbooks in African Constitutional Law
will engage with contemporary issues of constitutionalism in
Africa, filling a notable gap in African comparative constitutional
law. Separation of Powers in African Constitutionalism is the first
in the series, examining one of the critical measures introduced by
African constitutional designers in their attempts to entrench an
ethos of constitutionalism on the continent. Taking a critical look
at the different ways in which attempts have been made to separate
the different branches of government, the Handbook examines the
impact this is having on transparent and accountable governance.
Beginning with an overview of constitutionalism in Africa and the
different influences on modern African constitutional developments,
it looks at the relationship between the legislature and the
executive as well as the relationship between the judiciary and the
political branches. Despite differences in approaches between the
different constitutional cultures that have influenced developments
in Africa, there remain common problems. One of these problems is
the constant friction in the relationship between the three
branches and the resurgent threats of authoritarianism which
clearly suggest that there remain serious problems in both
constitutional design and implementation. The book also studies the
increasing role being played by independent constitutional
institutions and how they complement the checks and balances
associated with the traditional three branches of government.
General
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