Konstitutionelle Demokratie in Afrika: Mythos oder Realität?

The present study should be viewed from the perspective of modern constitutional law, which aims to frame political power through law and establish a democratized constitutional state. However, the African circumstances seem unsuitable for this system, as there is a lack of a democratic and constitutional culture, compounded by the practice of political agreements that, when in conflict with the constitution, often lead to the constitution being set aside or the political agreement dominating over the law. There is also the issue of judicial independence, which still needs to be achieved, hindering the emergence of the rule of law. To address this situation, we therefore propose: the internalization of a democratic and constitutional culture through the establishment of bodies to support constitutional democracy; the constitutionalization of political agreements through the legal regulation and jurisdiction of this phenomenon; and finally, guarantees for the independence of constitutional jurisdiction and support from the people.