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Part IV Independent Constitutional Institutions, 14 The Role of Emerging Hybrid Institutions of Accountability in the Separation of Powers Scheme in Africa

Charles M. Fombad

From: Separation of Powers in African Constitutionalism

Edited By: Charles M. Fombad

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 February 2021

This chapter discusses hybrid institutions of accountability: bodies such as Auditors-General and election commissions. Such bodies have long existed around the world, but they have traditionally been created by legislation. A number of recent African constitutions have begun to extend them formal constitutional status. The chapter assesses the extent to which these institutions can contribute towards checking against abuses of powers, enhancing accountability, and strengthening constitutionalism. It argues that the emergence of these institutions, far from demonstrating the failure of separation of powers in checking and controlling abuse of powers may well mark an important stage in the doctrine’s evolution and adaptation to the realities of modern constitutionalism. However, for these institutions to succeed, more efforts have to be made in their design to prevent them from being rendered ineffective.

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