Constitutionalisation of the rule of law in modern states: consequential or gesture politics?

Abstract

The lecture is divided into four main themes. The first part explains the doctrine of the rule of law and the notion of constitutionalisation. The second part explores case studies on the adherence or non-adherence to the rule of law in selected European, American and African countries. In Europe, the position of Turkey and the United Kingdom (UK) in terms of their performance in the rule of law is discussed, as that of the United States of America’s (US) and, in Africa, that of Nigeria, Egypt, Kenya and South Africa. It is hoped that by selecting countries from Southern Africa, East Africa, West Africa and North Africa, the position of Africa in adhering to the rule of law will be fairly reflected. The reputation of the UK and the US with regard to adherence with the rule of law and the history of the military government in Turkey should fairly represent a global picture of the prevalence of the rule of law. The third part of this lecture explores the significance of constitutionalisation of the rule of law and the fourth part recommends measures that could be employed to improve the prevalence of the rule of law in modern democracies.