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Democracy, Elections, and Constitutionalism in Africa [Kõva köide]

Edited by (Professor of Law, Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria), Edited by (South African Research Chair in Multi-level Government, Law and Policy, University of the Western Cape)
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The third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life. Multiparty democracy was at the core of the constitutional revolutions that swept through most of Africa in those watershed years. However, that wave is either losing momentum or receding - or being reversed in its entirety.

This volume examines democracy and elections in Africa, a focus motivated by two concerns. First, after 30 years it is important to take stock of the state of constitutional democracy on the continent. The democratic gains of the 1990s and 2000s seem to be falling by the wayside, with the evidence mounting that regimes are concealing authoritarianism under the veneer of elections, doing so in an international context where populist regimes are on the rise and free and fair multiparty elections are consequently no longer a given. It is becoming a battle to protect and retain constitutional democracy.

The second reason for this volume's focus on democracy and elections is that multiparty democracy is essential for the proper functioning of the state in addressing the major problems facing Africa - internal conflict, inequality and lack of development, and poor governance and corruption. The focus of this volume is thus on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.
Table of Cases
xi
Table of Legislation
xv
List of Contributors
xxiii
Introduction: Democracy, Elections, and Constitutionalism in Africa 1(18)
Nico Steytler
Charles M Fombad
PART I MAKING MULTIPARTY DEMOCRACY WORK IN AFRICA
1 Democracy, Elections, and Constitutionalism in Africa: Setting the Scene
19(17)
Charles M Fombad
2 How Could We Design Democracy to Make it Work in me African Context?
36(25)
Nic Cheeseman
3 The African Union and the Advancement of Democracy: The Problem of Unconstitutional Retention of Governmental Power
61(31)
Adem K Abebe
Charles M Fombad
4 Local Multiparty Democracy in Africa
92(27)
Nico Steytler
PART II AUTHORITARIAN MULTIPARTY DEMOCRACY: CASE STUDIES
5 Multiparty Democracy in Zimbabwe after the Adoption of the 2013 Constitution
119(28)
Tinashe Carlton Chigwata
6 Competitive Authoritarianism in a Constitutional Democracy: The Case of SWAPO in Namibia
147(22)
Henning Melber
7 Constitutionalism and Electoral Authoritarianism in Ethiopia: From EPRDF to EPP
169(29)
Zemelak Ayitenew Ayele
8 Constitutionalism and Developmental Authoritarianism: Power, Law, and Legitimacy in Post-Genocide Rwanda
198(22)
Teresa Nogueira Pinto
9 Egypt's Plasticine Constitution: Autocratic Democracy and the 2018 Presidential Elections
220(47)
Sherif Elgebeily
PART III ENHANCING THE ROLE OF POLITICAL PARTIES IN MAKING DEMOCRACY WORK
10 Internal Party Democracy in Tanzania: A Reflection on Three Decades of Multiparty Politics
267(26)
Edwin Babeiya
11 Party-Political Financing, Democracy, and Constitutionalism in Ethiopia
293(38)
Zelalem Degifie
PART IV ENHANCING DEMOCRATIC QUALITY THROUGH ELECTORAL PROCESSES
12 Nigeria in Search of a Credible Electoral Administration: Recent Reforms and Persistent Challenges
331(30)
Rotimi T Suberu
13 Adjudication of Disputed Presidential Elections in Africa
361(42)
O'Brien Kaaba
Charles M Fombad
PART V PROMOTING INCLUSIVE AND PARTICIPATORY DEMOCRACY
14 Women's Participation in Elections and Legislatures in Kenya under the 2010 Constitution
403(29)
Jill Cottrell Ghai
15 How Zimbabwe's 2013 Constitution Addresses Women's Election and Participation in Parliament
432(31)
Makanatsa Makonese
PART VI GENERAL CONCLUSION
16 Reversing the Surging Tide towards Authoritarian Democracy in Africa
463(56)
Charles M Fombad
Index 519
Charles M. Fombad is Professor of Law and head of the African Comparative Constitutional Law Unit of the Institute for International and Comparative Law in Africa (ICLA), based at the Faculty of Law of the University of Pretoria.

Nico Steytler is South African Research Chair in Multi-level Government, Law and Policy, at the University of the Western Cape.