Transformative constitutionalism and the adjudication of constitutional rights in Africa
E Kibet, C Fombad - African human rights law journal, 2017 - scielo.org.za
Transformative constitutionalism, popularised in the context of South Africa's transition from
apartheid to constitutional democracy, arguably offers an antidote for failed constitutionalism
and weak protection of fundamental rights and freedoms in emergent democracies in Africa.
This article examines the idea of transformative constitutionalism and its implications for the
adjudication of fundamental rights and freedoms. It recognises that past failures of
constitutionalism in Africa, to a significant degree entailed state abuses of fundamental rights …
apartheid to constitutional democracy, arguably offers an antidote for failed constitutionalism
and weak protection of fundamental rights and freedoms in emergent democracies in Africa.
This article examines the idea of transformative constitutionalism and its implications for the
adjudication of fundamental rights and freedoms. It recognises that past failures of
constitutionalism in Africa, to a significant degree entailed state abuses of fundamental rights …