An intra-african dialogue in the new era of constitutionalismPosted: 2 April, 2012 Filed under: Charles Fombad | Tags: Africa, ancl, constitutionalism, law, South African Constitution, South African Constitutional Court 9 Comments
Author: Prof Charles Fombad
Professor, Centre for Human Rights; Head, Unit on Comparative African Constitutional Law at the Institute for International and Comparative Law in Africa
For perhaps too long, the conventional wisdom has been that the best can come only from abroad; meaning Europe and America. From the perspective of constitutional law, the South African Constitution did more than just provide a clean break with the past. It provided a modern constitution which successfully borrowed and adapted many of the best principles from some of the major modern European constitutional models to fit with the realities of the country. Whilst not perfect, and there shall never be a perfect constitution, it shows how Africans can creatively find solutions to their problems.But it is perhaps the South African Constitutional Court, through the voluminous amount of jurisprudence that it has produced since 1995,that has attracted the most attention from constitutional experts all over the world and given rise to the feeling that the centre of modern constitutionalism might well be moving to Africa. For a continent that has been obsessed with blindly copying from the former colonial powers, there are many reasons to start looking at itself.Even the 1990s constitutional reforms in other African countries were still influenced by the inherited colonial constitutional models.