From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 December 2024
(p. 399) Index
abuse of power
constitutional guarantees 114,
212
hybrid institutions, as smokescreens for 330–1
post-1990 constitutions 22
public prosecutor, Francophone Africa 374–6
Zimbabwe constitutional provisions 71–2
accountability
constitutions and 48,
138
Nigerian legislative assemblies 138
separation of powers 69,
359
administrative tribunals
discretionary powers of 318
African Charter on Human and Peoples’ Rights
constitutions, influence on 42–5
regional instrument, as 2
socio-economic rights 392
African National Congress (ANC)
constitutionalism and 388
African presidentialism 4,
104–5
African Union
constitutions, influence on 43,
44
American presidential system
Anglophone Africa, features adopted by 64
constitution, expressed in 62
separation of powers model, as 62
Anglo-American model
dictatorship, risks of 70
judicial/executive relationship 69,
73–8
judicial/legislative relationship 69,
78–81
legislative/executive fusion 62,
69,
70–3
Anglophone Africa, judicial/executive relations
Anglo-American influence 73–8
Director of Public Prosecutions 73
executive exercising judicial powers 75–6
judiciary exercising executive powers 76–8
political interference, judicial protection from 74
Anglophone Africa, judicial/legislative relations
Anglo-American influence 78–81
binding precedent, doctrine of 79
Judicial Service Commission, role of 78
legislative control of judiciary 78–81
legislative powers exercised by judiciary 79–80
Anglophone Africa, legislative/executive relations
Anglo-American influence 70–3
conclusions to be drawn 113–15
constitutional power, identifying sources of 95–100
executive authority 105–8
parliamentary sovereignty/presidential imperialism 95–100
Anglophone African constitutionalism 96–7,
114,
115
Anglophone African constitutions
Anglo-American influence 69
(p. 400) colonial influence 23–4,
98
constitutional disputes 50
interventionist approach 49
multi-party democracy 184
single hierarchy of courts 49
transparency, promotion of 50
Angola
anti-corruption agencies 331
conflict resolution, traditional mechanisms 163–4
constitution, historical development of 182–7
constitution, socialist-style 26
constitutional principles 188
constitutional reforms 1991/92 184
constitutional status, pre-independence 182–4
courts, independence of 171–2
democratic constitution-making process 184–7
‘hyper-presidentialist’ 190
international human rights 42
judges, appointment of 177–8
judicial independence 173–4
judicial supervisory bodies, appointments to 177–8
legal system, Portuguese influence on 161–3,
169
Marxism–Leninism ideology 19
multi-party democracy 184,
198
pardon and commute, power to 179
president, impeachment of 4,
189,
191
presidential tradition 182
‘presidentialist’ system of government 189
Angolan constitutional court
composition of court 192–4
conflict between parliament/president 182
constitutional clause, disallowing 189
constitutionality challenge 192–3
generic jurisdiction of 191–2
pre-emptive review jurisdiction 186–7
Angolan judicial/executive relations
constitution, Portuguese influenced 161
courts, independence of 171–4
customary law, recognition of 163–5
judicial appointment 177–8
judicial/executive power, distribution of 165–6
judiciary, subordinate in political system 168
pardon/commute sentences 179
rule of law constitutionally based 170
and super-presidentialism
Attorney-General
decision not to prosecute 351–2
Director of Public Prosecutions and 347
executive/judicial branch, as part of both 73
Attorney-General, by country
authoritarianism
separation of powers and 52
Bashingantahe institution 37
Benin
anti-corruption agencies 331
Francophone influence 29,
82
international human rights 42
judicial review of executive action 366
Marxism–Leninism ideology 19
‘militant democracy’ 390–1
politics, responsible/irresponsible 220–1
socialist-styled constitution 29
Botswana
Anglophone constitution 79,
218
executive functions exercised by judiciary 76
judicial appointments 73,
74
judicial/executive relations 74,
76–7
legislative/executive relations 71,
72
Ntlo ya Dikgosi (House of Chiefs) 36
presidential assents to bills 72
rule of law, compliance with 218
second chamber of parliament 36
British parliamentary system
constitution, lack of written 65–6,
98
judicial/executive relationship 65
judicial/legislative relationship 65
legislative/executive relationship 64
separation of powers model, as 64
Burkina Faso
Marxism–Leninism ideology 19
prosecution/executive relationship 378,
379,
380
Burundi
Bashingantahe institution 37
traditional courts 35,
37
Cameroon
constitution, length of 49
fundamental freedoms, constitutional affirmation 42
Cape Verde, judicial/executive relations
constitution, Portuguese influenced 162
executive power/judicial power, distribution of 166
judicial supervisory bodies, appointments to 178
judiciary, subordinate 168
pardon and commute sentences 179
checks and balances
(p. 402) Kenyan judicial/executive relations 286,
288,
294
Nigerian judicial/executive relations 239,
240,
242
separation of powers, as a system of 59,
244
United States system 63–4
civil law
common law compared 49–51
inquisitorial prosecutorial system 346
legality of prosecution principle 365
public interest principle 360
colonial influences
autochthonous constitution 24
colonial administrators 14–15
constitutional systems 24
modern constitution, strong effect on 46–8
Westminster-type constitutions 24
Commission for Gender Equality 50,
327
common law
accusatorial prosecutorial system 362
discretion to prosecute 351
judicial legislation and 79
judicial precedent, doctrine of 65
Westminster constitutional system 52
concentration of powers
dangers inherent in 89,
99
conflict resolution
traditional mechanisms of 163–5
Congo, Democratic Republic of
anti-corruption agencies 331
constitution Loi Fondamentale 1960 24
judiciary, constitutional provisions 367,
376
Marxism–Leninism ideology 19
ruling party, constitutional provisions 27–8
Conseil Supérieur de la Magistrature 50,
67,
366,
379
constitutional courts
authenticity, problem of 389
constitutionalism
constitutionalist thinking 96–9
presidential imperialism and 99
second-generation rights 392
socialist constitutional model 29–30
socio-economic rights and 392
third-generation rights 392
constitutions, evolution of modern African
internationalization, impact of 41–5
(p. 403) Islam, influence of 31–3
‘regimes of horror’, safeguarding against 386,
390
‘third wave of democratization’ 13,
20
constitutions, post-colonial/independence 1950s/1960s
bill of rights, provision of 16
constitution-building, first generation 14
constitutionalism, introduction of 15
fundamental rights, omission of 15–16
liberal democracy, introduction of 15
power transfer to elites 15,
16
Western experts crafting constitutions 15–16
constitutions, post-independence 1960s/1989 14
authoritarian rule 18,
20
constitution-building, second generation 14
constitutionalism, failure to promote 20
human rights violations 18,
20
independence constitutions 18
constitutions, post-1990
accountability, institutions to promote 21
colonial patterns
constitution-building, third generation 14
constitutional experts 21
constitutional standards, adoption of common 24
entrenchment of core principles 21
human rights recognition/protection 21
new era of constitution building 21,
22
popular participation in 21,
22
power, deconcentration of 21
presidential powers, reinforcement of 22
separation of powers entrenchment 58
transparency, institutions to promote 21
constitutions, post-2010 22
corruption
judicial independence 171,
172
Côte d’Ivoire
judicial independence 370
traditional dispute settlement systems 35
‘covering the field’ doctrine 138
cumul des mandats principle 67
customary law
women/youth, discrimination against 38
Director of Public Prosecutions
appointments, political influence over 104,
346
executive/judicial branch, as part of both 73
subordination to Attorney General 347
doctrinaire socialism 25,
26
due process
judicial check on executive action 63
quasi-judicial bodies 278,
283
reputation of the judicary 266
duties
performance of by executive 63
Egypt
anti-corruption agencies 331
constitution, socialist-styled 26
constitutions, elements of 22,
31–3
judicial/executive relationship 208,
210
judiciary, politicized by government 210
elections
military rulers, reappearance of 153,
388
Equatorial New Guinea 47,
82
Ethiopian legislative/judicial relations
constitutional interpretation 269–71
decisional independence 271–2
Ethiopian People’s Revolutionary Democratic Front (EPRDF) 266
federal/regional state courts 267
Federal Supreme Court 268
historical background to 266–8
House of Peoples’ Representatives 267
human rights, constitutionally entrenched 271
judgments, legislative reversal of 272–4
judiciary, independent 267
judiciary, reputation of 266–8
‘jurisdiction stripping’ 275
legislative/executive relationship 268–9
Marxism–Leninism ideology 19
parliamentary system of government 268–71
structural autonomy 275–7
executive power
American presidential system 62–3,
104
British parliamentary system 64
judicial power, independent of 86–7
judiciary, control of 177,
207
judiciary, virtuous alignment with 216–21
executives
authority of president 105–8
cabinet ministers, appointment of 105–6
censure by parliament 108
executive action, confirmation of 107–8
judicial review of executive action 63,
85,
86,
104
quasi-judicial bodies 277
‘faculté d’empécher’, concept of 193
‘faculté de statuer’, concept of 193
FNLA see Frente Nacional de Libertação de Angola (FNLA)
Francophone African constitutions
civil law and common law compared 49–51
constitutional tradition 52
constitutions, length of 48,
49
French Fifth Republic constitution of 1958 see under French Fifth Republic
hybrid institutions, emergence of 88,
89–90
judicial/executive relations 85–7
judicial/legislative relations 87–8
judicial review over executive actions 366
legislative/executive relations 82–5
Francophone Africa, judicial/executive relations 85–7
Francophone Africa, judicial/legislative relations 87–8
Francophone Africa, legislative/executive relations 82–5
Francophone constitutional courts
review of legislation 87–8
French Fifth Republic
Benin constitutional model 29
French hybrid system
Francophone Africa, adoption by 62,
82
French Fifth Republic constitution of 1958 52,
66–7
Hispanophone Africa, adoption by 62
judicial/executive relations 85–7
judicial/legislative relations 87–8
judiciary, position of 66,
67
legislative/executive, collaborative relationship 66,
82–5
(p. 405) Lusophone Africa, adoption by 62
separation of powers model, as 66–7
Frente Nacional de Libertação de Angola (FNLA) 184
Ghana
constitution, public participation in drafting 390
judicial review powers 227
judiciary/legislative relations 81
National House of Chiefs 36
National Liberation Council (NLC) 227
political question doctrine 394
Regional House of Chiefs 36
socio-economic rights 392
Ghanaian judicial/executive relations
constitutional history of 226–7
defying assumptions, introduction to 226
judicial review powers 227,
231
judiciary, constitutional protection of 233,
238
judiciary, emasculation by executive 227–30
judiciary, self-assertion of 233–7
judiciary, self-restraint 237–8
rule of law, respect for 229
Ghanaian judicial/legislative relations
Ghanaian legislative/executive relations
cabinet ministers, appointment of 105
censure by parliament 108
executive action, confirmation of 107
executive responsibilities 106
parliament, democratic composition of 109
patterns of interaction 111
presidential assents to laws 111
presidential power, democratic legitimation 102
good governance
concentration of powers and 58,
59
financial resources, impact on 145
judiciary, duty to ensure 295
separation of powers and 68,
89,
90
Guinea-Bissau
conflict resolution 164–5
Guinea-Bissau, judicial/executive relations
constitution, Portuguese influenced 161
courts independence constitutionally guaranteed 174
courts, independence of 171
customary law, recognition of 163–5
judicial/executive power, distribution of 166
judicial supervisory bodies, appointment to 178
judiciary, subordinate in political system 168
pardon/commute sentences 179
rule of law constitutionally based 170
Hispanophone Africa
colonial patterns, reduction in 24
constitutional tradition 48,
52
separation of powers, French model 61–2,
68,
82
Spanish civil law inheritors 2,
23,
24,
47
human rights
colonial administrators and 18
independence constitutions 15–16
international law impact 2
(p. 406) protection of 21
socialist-styled constitutions 27–8
hybrid institutions
abuse of powers, smokescreens for 330–1
decision implementation 332–3
elected officials compared 330
enhancing the role of 334
fourth branch of government, as 88,
325,
343
influence/power roles 336
location within government 328–9
non-majoritarian argument 330
protection from government 334
risks associated with 333
terms used, variety of 326
transparency, promotion of 90
‘hyper-presidentialist’ 190
ideological influences
community land ownership 26
ruling party, constitutional entrenchment 27
indigenous influences
constitutional institutions/principles 34
traditional institutions 36,
37,
40
internationalization influences
Islam
constitutions, influence on 30–3
judicial appointments
Anglophone constitutions 73–4,
78
reducing executive influence 215
judicial authority
backlash against decisions 209,
391
meaningfully independent 222
judicial autonomy
decisional independence 271–2
judicial/legislative relationship 271
jurisdiction stripping 275
legislative reversal of judgments 272–4
structural autonomy 275–7
judicial independence
branches of government and 169
guaranteed in constitutions 173–6
judicial/executive relations
Anglo-American influence 69,
73–8
judicial supervisory bodies, appointments to 176–9
judiciary, politicized by government 209–12
judicial/legislative relations
judicial power
American presidential system 62–3
constitutional amendment to restrain 210
executive exercise of 75–6
indigenous influences 33,
34,
40
legislative powers, judicially exercised 79–80
political question doctrine 215,
394
credibly independent power 208–9
solution to separation of powers problems 205
judicial precedent, doctrine of 65,
88
judicial review
constitution entrenchment 5
Francophone Africa 2,
366
legislative acts, of 87–8
prosecutorial decisions 353–6
public prosecutor, insulated from 345
Judicial Service Commission
accountability function 327,
335
constitutional entrenchment 327
judicial subordination
courts, destruction of 207
executive power ignoring courts 207
fear and intimidation 206
puppets/pawns, placement of 206
judicial supremacy
access to justice as a constraint 214
appointment procedures 215
political fragmentation 213–14
political question doctrine 215–16
judicial survival
credibly independent authority/power 207–9
executive, tolerance by 207
judicial power, roll back 209
Latin American dictatorial rule 207–8
Zimbabwe, executive reprisals 209–10
judiciary
control over executive 74
executive functions exercised by 76–8
governments politicizing 209–10
legislature, control and management by 78–9
physical violence/imprisonment 209–10
political interference, protection from 74
practice and procedure rules 80
weakest organ of government, as 226
western origin/traditional mechanisms 163–5
(p. 408) Kenya
constitutional courts 391
Director of Public Prosecutions 346
political question doctrine 394
prosecutorial independence 346
socio-economic rights 392
Kenyan constitution
constitutional framework 122–3
constitutional referendum 2005 121
constitutional review process 119–22
insider–outsider dynamic 388,
390
international human rights 42,
43
US/Westminster elements 3
Kenyan judicial/executive relations
Attorney-General, redraft of constitution 120–1
constitution, enforcement of provisions 294–5
executive authority, judicially questioned 295–8
executive power over judiciary, post-2010 291–3
independence constitution 287–9
‘judicial activism’, public criticism of 297–8
judicial oversight, post-2010 294–8
judiciary, emergence of emboldened 298
rule of law, threat to 297–8
Kenyan legislative/executive relations
American-style structure 117–18
budget-making process 132–3
cabinet members, appointment of 105–6
censure by parliament 108
centralization of power 118
constitutional framework 122–3
constitutional referendum 2005 121
constitutional review process 119–22
executive action, confirmation of 107
executive responsibilities 106
‘extensions of colonial rule’, dismissal of 116–17
governmental power, division of 123
National Constitutional Conference 120–1
parliament, democratic composition of 109–10
patterns of interaction 111–12
president as supreme executive 103
president, impeachment of 123,
131
presidential assent to laws 111
presidential power, democratic legitimation 102
Kenyatta, President Uhuru 101,
129
legislative/executive relations
legislative/judicial relations
legislature
American presidential system 63
British parliamentary system 64–5,
68
constitutional role 136–9
lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights 7,
219
Lusophone Africa
constitutional tradition 52
Lusophone Africa, judicial/executive relations
conflict resolution, traditional mechanisms 160,
163–5,
180
judicial independence constitutionally guaranteed 173–6
judicial independence de jure/de facto 169
judicial supervisory bodies, appointments to 176–9
judiciary, politicized by government 209–10
judiciary, subordinate in political system 168
pardon and commute, power to 179–80
Portuguese law, historical influence of 160–3,
180
separation of powers in constitutions 169–70
Madagascar
Marxism–Leninism ideology 19
right to private property 28
Malawi
anti-corruption agencies 331
human rights instruments 43
traditional courts 37,
38
Mauritius
prosecutorial decision, judicial review of 354
Mbeki, President Thabo 338
mediation
legislative deadlock 127–9
public prosecutor and 365
monarchy
heads of states, monarchical 102
public prosecutors of the 360,
361
Movimento Popular de Libertação de Angola (MPLA)
Mozambican judicial/executive relations
constitution, Portuguese influenced 161–2
courts independence constitutionally guaranteed 174–5
customary law, recognition of 163–5
judicial/executive power, distribution of 167
judicial appointment 178–9
judicial supervisory bodies, appointments to 178–9
judiciary, subordinate in political system 168
pardon and commute sentences 179
rule of law constitutional proclamation 170
Mozambique
conflict resolution, traditional mechanisms 163,
180
Muslims
constitutions, influences on 30–3
Namibia
judiciary, independence of 306–8
separation of powers 320–1
Namibian judicial/executive relations
diverse approaches, introduction to 300–1
executive statements, interference by 317–20
homosexuals, constitutional rights of 317–20,
389
judges, ethnic deconstruction of 306–8
judges, rhetorical attacks on 391,
320
judicial independence 306–8
judicial independence, threatened by conflicts 301
judiciary, distrust of 307–8
Magistrates’ Commission 315
prosecutions, manipulation of 304–6
Prosecutor-General, independence of 310–12,
320
transitional government of national unity (TGNU) 301–6
Namibian legislative/executive relations
censure by Parliament 108
executive action, confirmation of 107–8
executive responsibilities 106–7
parliament, democratic composition of 110
patterns of interaction 112
presidential assent to laws 111
presidential power, democratic legitimation 102
presidents as supreme executives 103
National Assembly, by country
National Director of Public Prosecutions 104,
348
National House of Chiefs 37
National Judicial Council
Chief Justice of Nigeria 247
judiciary, funding for the 253–6
judiciary, support systems 256
President of the Court of Appeal, suspension of 248–50
State Chief Judges, appointment of 251–3
Nigeria
political question doctrine 215,
394
State Houses of Assembly 137,
153
Nigerian judicial/executive relations
(p. 411) Attorney-General 347
Code of Conduct for Public Officers 247
collusion between executive/judiciary 250
Commonwealth (Latimer House) Principles 247
court orders, flouting of 263
executive action cases, judicial response to 256–9
executive power, constitutional provision 241
judges’ appointment, discipline, and removal 246–7
Judicial Code of Ethics 247
judicial independence, protection of 247,
254
judicial power, nature/scope of 135,
243–4
judiciary, funding for the 253–6
judiciary, support systems 256
political questions, judicial review of 260–2
President of the Court of Appeal, suspension of 248–50
sensitive constitutional matters, judicial avoidance of 262,
263
separation of powers, meaning/scope of 244–6
State Chief Judges, appointment of 251–3
Nigerian legislative/executive relations
accountability, enforcement of 146–7
‘covering the field’ doctrine 138
due process, non-adherence to 149–50
executive, constitutional role of 139–41
executive high-handedness 152–3
judicial functionaries, appointments of 143–4
legislative oversight, unhealthy rivalry following 148–9
legislature, constitutional role of 136–9
political functionaries, appointment of 143–4
president, impeachment of 135,
241
public expenditure powers 145–6
rule of law, non-adherence to 149
state of emergency, power to declare 144–5
transparency, enforcement of 146–7
war, power to declare 144–5
Ntlo ya Dikgosi (House of Chiefs) 36
Obasanjo, General Olusegun 151
pardon
power of, Lusophone Africa 179
parliamentary systems
presidential assent to laws 111
Westminster tradition 3,
111
political question doctrine
Portuguese law
Lusophone Africa, influence in 160–3,
180
prerogative of mercy 75,
244
presidential powers
abuse of state power/resources 70,
116–17
checks and balances on 240
court orders, flouting of 298
democratic legitimation of 102
executive power, control of 107
pardon and commute sentences 179
presidential systems
Nigerian, features of 140–1
presidentialism
executive responsibility and 114
presidents
executive authority of 105–8
head of state functions 103
immunity from proceedings 101–2
presidential assent to laws 111
presidentialism, uniqueness of African 104–5
supreme executives, as 102–4
(p. 412) Príncipe, judicial/executive relations
constitution, Portuguese influence 161–2
courts, independence of 171
courts independence constitutionally guaranteed 176
judicial/executive power, distribution of 167
judiciary, management of the 167
judiciary, subordinate in political system 168
pardon/commute sentences 179
rule of law, constitutionally based 170
public expenditure
appropriation/authorization of 141,
145–6
legislative/executive interaction 141,
145–6
budget-making process 132–3
public interest concept
decision not to prosecute 351–2
utilitarian attitude towards 356
public prosecutor, Anglophone Africa
constitutional setting of 7,
345–8
decisions, disclosure of reasons 357
Director of Public Prosecutions 357
evidentiary test to justify a trial 351
international guidance on role of 349–50
judicial review of decisions 353–6
opportunity principle 365
prosecutorial discretion 357,
358
prosecutorial guidelines, issue of 357
prosecutorial independence 358
separation of powers and 345
public prosecutor, Francophone Africa
anomalous status of 365–6
complex position of 345–6
Conseil Supérieur de la Magistrature (CSM) 50,
67,
366–7,
379
constitutional power to appoint/promote/transfer/discipline 366–8,
376
European human rights system, influence of 378,
380
executive interference 371
executive power of instructions and recommendations 370,
375
financial/logistical resources, executive control of 368–9
French civil law tradition 359
‘high profile cases’, prosecution of 379
historical origins of the French model 360–3
independence of office 361,
375
inquisitorial systems 346
interest rei publicae ne maleficia remaneant impunita, rule 360
judicial officers, trend to recruit early 369
judicial system/organization, French model 362
judiciary, independence of 367
judiciary, relations with/independence from 376–80
legality of prosecution, principle of 365
mediation of sentences 365
Ministry of Justice, subordination to 368–76
multiple executive hierarchical systems, control by 369,
370
preliminary investigations 363
subordination culture to executive 369
public prosecutor, Lusophone Africa
(p. 413) Public Protector
Public Service Commission
accountability function 103,
327
constitutional entrenchment 327–8
constitutional organ, as 315
régalienne
public prosecutor, role in Francophone Africa 364
religious influences
blasphemy, prohibition of 31
constitutional provisions 30
women, constitutional rights 31,
33
responsibility
individual and collective ministerial 71
rule of law
civil law tradition and 88
concentration of powers and 58
contemporary constitutions and 97
courts, independence of 74
Ghanaian judicial/executive relations 229
hybrid institutions, role of 90
independent judiciary as guardian of 294
legislative/executive relations and 147,
149–50
Nigerian judicial/executive relations 245,
259
public prosecutions, Francophone Africa 371,
381
São Tomé, Democratic Republic of
socialist-styled constitution 26
São Tomé, judicial/executive relations
constitution, Portuguese influence 161–2
judiciary, subordinate in political system 168
pardon/commute sentences, power to 179
power, distribution of 167
rule of law, constitutionally based 170
scientific socialism 19,
26,
27
Senegal
constitution, Muslim influence 30
francophone influence 82,
83
traditional dispute settlement system 35
separation of powers, Anglophone Africa
Anglo-American influence 69
judicial/executive branches 73–8
judicial/legislative branches 78–81
legislative/executive branches 70–3
separation of powers, doctrine of
abuse of power, prevention of 58,
269
American presidential system 62–4
British parliamentary system 64–6
constitutional legitimacy 385–91
entrenched in post-1990 constitutions 58,
89
hybrid institutions 342–3
origins and nature of 59–61
(p. 414) political despotism, prevention of 269,
392
political question doctrine 394–5
socio-economic rights and 392–4
triad division of power 59
separation of powers, Francophone Africa
judicial/executive branches 85–7
judicial/legislative branches 87–8
legislative/executive branches 82–5
Sierra Leone
anti-corruption agencies 331
socialism
dependence on capitalism 25–6
socialist-styled constitutions
developmental formulation 26
doctrinaire socialism 25,
26
language/style influence 26
Marxist–Leninist influences 25
ruling party, entrenchment of role 27
social transformation, designed for 25
socio-economic rights 392–4
Sokoto state governorship 248–50
Somalia
public administration collapse 197
third generation of constitution-building 22
South Africa
judicial rulings, acceptance of 219
judicial subordination to survival 211–12
lesbian, gay bisexual, transgender, and intersex (LGBTI) equality 219
National Director of Public Prosecutions 104,
348
revolutionary constitutionalism 388
transparency, promotion of 50
South African legislative/executive interaction
cabinet members, appointment of 106
censure by parliament 108
executive action, confirmation of 108
executive responsibilities 107
parliament, democratic composition of 110
patterns of interaction 112–13
presidential assent to laws 111
presidents as supreme executives 103
South West Africa National Union (SWANU) 300,
301
state of emergency
power to declare, in Kenya 124
super-presidentialism
constitution-making process, road to a democratic 184–7
constitutional principles 188
constitutional reforms 184
constitutional status, pre-independence 182–4
multi-party democracy 184
rule of law, constitutional and democratic 188–9
separation of powers 187–9
Swaziland
religion, constitutional provision 30
traditional rulers, constitutional recognition 36
‘third wave’ of democratization 20–2
traditional institutions 36,
37,
40
transparency
Anglophone constitutions 50
public office appointments 296
Tunisia
hybrid institutions 51,
328
(p. 415) Islam, influence on constitution 31–3
Uganda
judicial/executive relationship 210–11
UNITA (União Nacional para a Independência Total de Angola) 184,
186,
193,
309,
310
United Kingdom
Director of Public Prosecutions 354
watchdog
function of parliament 98
Westminster constitutional system
constitutional institutions 95
legislative/executive interaction 109,
111,
114
prime-ministerial model 101,
107
separation of power model 62
written constitution, absence of 98
women
constitutional rights of 31
Kenyan National Assembly 110
Zambia
Attorney-General/DPP tensions 347
Zimbabwe
abuse of power, constitutional provisions 71–2
anti-corruption agencies 331
‘independent commissions supporting democracy’ 326,
328
judiciary/legislative, separation of powers 81
judiciary, independence of 50
judiciary, political interference protection 74
judiciary, politicized by government 209–10
legislative/executive, separation of powers 70
religion, constitutional provision 30
traditional courts 36,
38
