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Part I Overview, 1 The Evolution of Modern African Constitutions: A Retrospective Perspective

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: 27 January 2021

This chapter presents a historical overview of constitutional developments in Africa. One of the most remarkable developments has been the move away from wholly imported or imposed constitutions, towards constitutions made within Africa. Two constitutional traditions have substantially influenced current constitutional developments on the continent. One is the common law constitutional tradition, based on the Westminster constitutional system with many elements of the US constitutional system crafted onto it, which has been widely adopted in Anglophone Africa. The other is the civil law constitutional tradition mainly based on the French Fifth Republic Constitution of 1958, which has been widely adopted in Francophone Africa and to some extent, Lusophone and Hispanophone Africa.

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