African constitutions show a strong value inclination, recognize the principles of the international community, position themselves as the basis of the social consensus, and indicate the direction of the development of the country. Out of the distrust against their political culture and the political qualities of their population, African constitutions pursue partially formal democratization. Some of them restrict the citizen’s right to be elected based on property and education level. There are representatives appointed by the head of state in many African parliaments. Local autonomy is not fully protected, while political stability is paid much attention to. African constitutions adopt the theory of self-defense democracy, confer a strong position on the executive, and establish a strong central government. To fulfill the goals of the constitutions, the African constitutions highlight their binding force. Most constitutions establish constitutional review systems, providing citizens with formally convenient constitutional appeal channels. The constitutional review organs are also entitled jurisdiction over political disputes. Various special oversight institutes have also been established to implement the constitutions. Realities reveal, to turn the good wishes of institutional design into real-life constitutions, African countries still have a long way to go.

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Study on Value and Implementation Mechanism of African Constitutions

  • Mai Cheng

摘要

African constitutions show a strong value inclination, recognize the principles of the international community, position themselves as the basis of the social consensus, and indicate the direction of the development of the country. Out of the distrust against their political culture and the political qualities of their population, African constitutions pursue partially formal democratization. Some of them restrict the citizen’s right to be elected based on property and education level. There are representatives appointed by the head of state in many African parliaments. Local autonomy is not fully protected, while political stability is paid much attention to. African constitutions adopt the theory of self-defense democracy, confer a strong position on the executive, and establish a strong central government. To fulfill the goals of the constitutions, the African constitutions highlight their binding force. Most constitutions establish constitutional review systems, providing citizens with formally convenient constitutional appeal channels. The constitutional review organs are also entitled jurisdiction over political disputes. Various special oversight institutes have also been established to implement the constitutions. Realities reveal, to turn the good wishes of institutional design into real-life constitutions, African countries still have a long way to go.