Introduction
摘要
Limits on governmental power are essential for safeguarding fundamental rights, upholding the rule of law, and preserving judicial independence. While this issue is a global concern, it is particularly acute in jurisdictions marked by gross human rights violations, non-transparent and unfair elections, the concentration of power in individual leaders or small groups, and frequent constitutional overhauls. In such contexts, the absence of effective checks on power creates systemic risks: investors become wary of investing capital, marginalized groups face exclusion from political and economic participation due to unequal opportunities, and individuals are driven to migrate in search of better opportunities, placing unsustainable pressures on destination economies. The introductory chapter establishes the volume’s central focus on constitutionalism in Africa and beyond, situating its analysis within gaps in existing scholarship while presenting the book’s overarching framework. The growth or decline of constitutionalism stems from a combination of factors. These include, but are not limited to historical legacies, the strength of judicial leadership, the presence of socio-legal movements, the adequacy of constitutional design, the degree of political cohesion, and the alignment between formal constitutions and informal practices.