THE STATE OF DEMOCRATIC GOVERNANCE AND THE LAW IN AFRICA: AN ANALYSIS

Authors

  • Daniel Lubowa Lecturer of Law, St. Augustine University of Tanzania, Mwanza, Tanzania Author

Keywords:

Democratic Governance, Law, Constraints, Consequences

Abstract

Some African States are grappling with issues of governance failure. This state of affairs can be traced back to the current model of democracy that the colonial masters bequeathed the Africans upon their departure. Africa’s current model of Democracy is shaped by the colonial powers that ran the continent until the period of decolonization that began in the 1960’s. Thereafter Africa attempted to follow the European model of Democratic Governance. This colonial legacy has had such far-reaching social, economic and political impact on the African continent. For some African countries, this legacy bequeathed them a weak State apparatus characterized by autocratic rule, human rights abuses, unequal access to opportunities for self advancement and exclusionist politics. Rather than reverse this negative legacy, some of Africa’s post colonial leaders for the most past exacerbated this legacy by fermenting undemocratic tendencies; adopting uncompromising approaches to issues of national importance, marginalizing particular groups of citizenry in their respective countries, adapting disastrous economic policies and further weakening an already weak State apparatus. The consequence of such moves is the recurrent economic decline, stagnation and perennial political instability seen today in most of these African States . This article analyses the state of Democratic Governance in Africa specifically highlighting the general meaning of Democratic Governance, the existing Democratic Governance legal infrastructure in place, the development of democracy in Africa, major constraints and impediments to realization of Democratic Governance values and consequences of governance failure. The article is alive to the fact that Africa is experiencing so many Democratic Governance challenges and so it is against this unfortunate state of affairs that the article provides a way forward to Africa’s continuous democratic troubles.

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Published

09-09-2020

How to Cite

THE STATE OF DEMOCRATIC GOVERNANCE AND THE LAW IN AFRICA: AN ANALYSIS. (2020). Commonwealth Law Review Journal, 6, 535-556. https://journal.thelawbrigade.com/clrj/article/view/427

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