Constitution-making, legitimacy and rule of law: a comparative analysis

Abstract

The African continent has been besieged a by 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 under-development. These problems stem principally from the failure of good governance on the continent. It 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.