Development of Constitutionalism in Africa: Problems and Future Mai Cheng Nanchang University, China

I. Africa: a Continent of unnatural countries  Could human kind create a country merely through its will?  If not, what will happen when it dare to do so?  If something wrong was dong, how to correct the past faults?

II. Is democracy in Africa self-enforcing itself? “The periodic and repeated elections have a self- enforcing effect on democracy.” --Staffan I. Lindberg

II 、 The Case of RSA “Honeymoon is over for White People in South Africa” White People relieved by the Black People Xenophobic Riots of 2015 Why democratization haven’t bring prosperity and stability automatically?

II 、 The Case of RSA The declining acceptance level of the population on democracy Hennie Kotze ＆ Cindy Lee Steenekamp, Values and democracy in South Africa: Comparing elite and public values, KAS 2009

II 、 The Case of RSA More acceptance of the democracy in elite than in common people (in 2006) Hennie Kotze ＆ Cindy Lee Steenekamp, Values and democracy in South Africa: Comparing elite and public values, KAS 2009

III. Is democracy bring benefits to average people in Africa ？ Democratic Countries in Africa Country Democracy Index 2014 Mauritius8.17 USA8.11 Botswana7.87 South Africa7.82 Cape Verde7.81 Lesotho6.66 Zambia6.39 Ghana6.33 Tunisia6.31 Namibia6.24 Senegal6.15 China 3.00  Low Correlation between the Democracy Index and GDP Per capita.  Is this unique in Africa, or a general tendency in the developing world, even a global phenomenon?

III. Is democracy bring benefits to average people in Africa ？ Country Democracy Index 2014 Mauritius8.17 USA8.11 Botswana7.87 South Africa7.82 Cape Verde7.81 Lesotho6.66 Zambia6.39 Ghana6.33 Tunisia6.31 Namibia6.24 Senegal6.15 China 3.00  Low Correlation between the Democracy Index and Literacy Rate.  Can education and democratization reinforce each other?

IV 、 Possible Explanation of the African Paradox  A highly idealistic beginning and a foreign introduced constitutionalism in Africa.  Long tradition of utilizing constitution and democratic institutions as instruments of defending the legitimacy of the regime.  Still lack of the local propelling factors for the development of constitutionalism.

V. A political leadership largely out of the control of average people ： constitutionalism as favorites of only the elites?  The assumption of capable citizen in classic constitutionalism  The limited applicability of this classic model in Africa (and China as well)

V. A political leadership largely out of the control of average people ： constitutionalism as favorites of only the elites? Hennie Kotze ＆ Cindy Lee Steenekamp, Values and democracy in South Africa: Comparing elite and public values, KAS 2009 Different acceptance levels of the various Institutions with constitutional democracy by elites and the public.

V. A political leadership largely out of the control of average people ： constitutionalism as favorites of only the elites? Elite Ranking （ 2007 ） Public Ranking （ 2006 ） Constitutional Court15 Charitable Organization 210 President32 Environment Organization 414 Women’s Organization 59 Church61 Government74 Parliament87 Court96 Big Company108 TV Station173 Different acceptance levels of the various Institutions with constitutional democracy by elites and the public. Hennie Kotze ＆ Cindy Lee Steenekamp, Values and democracy in South Africa: Comparing elite and public values, KAS 2009

V. A political leadership largely out of the control of average people ： constitutionalism as favorites of only the elites?  A tight control by the elites after a long history of authoritarian rule.  A formal democratic constitution has brought little change to the monopoly position of the elite in the political, social and economic life of the African country.  The grassroots participation of the average people is still limited.

VI. Constitutionalism as caviar to the general: a lack of constitutionalist culture  Constitutionalism more like a formal political and legal system rather than a social living style.  The reversed constitutional transformation process: political development prior to economic development.  Insufficient constitutionalist culture forging effort by the government.

VII. One of the key institution to the advancement of African Constitutionalism: democratic party institutions.  A democratic party institution plays a substantial role in the operation of the African constitutionalism.  A general constitutional recognition of the role of the political party.  New Challenges to the democratic party institution: Dominate parties.

VII. One of the key institution to the advancement of African Constitutionalism: democratic party institutions. CountryDemocracy Index Dominant Party Existence Dominant PartyRuling Period Mauritius8.17 No-- Botswana7.87 Yes BDPSince Independence (1966) South Africa7.82 YesAfrican National Congress Since 1994 Cape Verde7.81 No-- Lesotho6.66 YesBCP-LCP-DCSince 1993 Zambia6.39 Yes MMD-PF Since 1991 Ghana6.33 No-- Tunisia Revolution on 2011 Namibia6.24 YesSWAPOSince Independence (1990) Senegal6.15 YesPDS--United in Hope Since 2000 Dominant Parties in the democratic countries of Africa

VIII. Reflection upon the constitutionalist transition of African countries  Constitutionalist Democracy is not merely a political and legal system, it is also a living style of the common people and a social culture.  In the realization process of the fundamental rights, there are certain fundamentally fundamental rights which should be paid more attention to.