Publications

How the Constitutional Council saved democracy in Senegal

A landmark judgement for democracy and the rule of law in West Africa

Democracy in Senegal has been increasingly jeopardised in recent years by power plays against the opposition, violent demonstrations, and the prosecution of numerous opposition politicians. Recently, the Senegalese Constitutional Council issued a groundbreaking judgement by declaring the planned postponement of the Senegalese presidential elections to December 2024 as unconstitutional. In doing so, it has not only saved Senegal from a deep political crisis, but also paved the way at the last moment for a constitutional and democratic transfer of power. This transfer now took place on 2 April 2024 to the newly elected President Bassirou Diomaye Faye.

A Guide to Your Rights

Fundamental Rights and Freedoms in Ghana

The booklet introduces the reader to human rights, the history of the constitution of Ghana, the structure of the court system in Ghana and a simplified version of Chapter 5 of the Constitution-fundamental human rights and freedoms.

KAS African Law Study Library

KAS African Law Study Library Volume 2 of 2023

KAS African Law Study Library is a journal which publishes articles written by young scholars from the African continent. The journal deals with practical aspects important for the development of the Rule of Law in an African context. The articles are the result of seminars and conferences organized by the Konrad-Adenauer-Stiftung’s Rule of Law Program for Sub-Saharan Africa in collaboration with Prof. Dr. Hartmut Hamann and African partner universities. KAS African Law Study Library thus creates a discussion forum for all lawyers interested in Africa and the diverse facets of Rule of Law in interaction with different historical, cultural, economic and political backgrounds. The journal addresses readers from all continents. Starting from Africa, it also wants to give thought-provoking impulse outside of Africa. KAS African Law Study Library is published quarterly and welcomes contributions in English and French. KAS African Law Study Library is available open access at www.nomos-elibrary.de See: https://www.nomos-elibrary.de/10.5771/2363-6262-2023-2/kas-african-law-study-library-volume-10-2023-issue-2

KAS African Law Study Library

KAS African Law Study Library Volume 3 of 2023

KAS African Law Study Library is a journal which publishes articles written by young scholars from the African continent. The journal deals with practical aspects important for the development of the Rule of Law in an African context. The articles are the result of seminars and conferences organized by the Konrad-Adenauer-Stiftung’s Rule of Law Program for Sub-Saharan Africa in collaboration with Prof. Dr. Hartmut Hamann and African partner universities. KAS African Law Study Library thus creates a discussion forum for all lawyers interested in Africa and the diverse facets of Rule of Law in interaction with different historical, cultural, economic and political backgrounds. The journal addresses readers from all continents. Starting from Africa, it also wants to give thought-provoking impulse outside of Africa. KAS African Law Study Library is published quarterly and welcomes contributions in English and French. KAS African Law Study Library is available open access at www.nomos-elibrary.de See: https://www.nomos-elibrary.de/10.5771/2363-6262-2023-3/kas-african-law-study-library-volume-10-2023-issue-3

Army seizes power in Gabon

A military coup as a warrant of democracy and the rule of law?

Francophone West and Central Africa are in further turmoil. After five military coups in the last three years (Mali, Chad, Guinea, Burkina Faso, Niger), the military also took power in Gabon at the end of August 2023. Is this military coup in Gabon also a result of recent anti-democratic developments in sub-saharan Africa, or can it be seen in a different light?

KAS African Law Study Library

Volume 1 of 2023

KAS African Law Study Library is a journal which publishes articles written by young scholars from the African continent. The journal deals with practical aspects important for the development of the Rule of Law in an African context. The articles are the result of seminars and conferences organized by the Konrad-Adenauer-Stiftung’s Rule of Law Program for Sub-Saharan Africa in collaboration with Prof. Dr. Hartmut Hamann and African partner universities. KAS African Law Study Library thus creates a discussion forum for all lawyers interested in Africa and the diverse facets of Rule of Law in interaction with different historical, cultural, economic and political backgrounds. The journal addresses readers from all continents. Starting from Africa, it also wants to give thought-provoking impulse outside of Africa. KAS African Law Study Library is published quarterly and welcomes contributions in English and French. KAS African Law Study Library is available open access at www.nomos-elibrary.de See: https://www.nomos-elibrary.de/10.5771/2363-6262-2023-1/kas-african-law-study-library-volume-10-2023-issue-1

CONSTITUTIONAL ADJUDICATION IN AFRICA

The volume is available here: https://global.oup.com/academic/product/constitutional-adjudication-in-africa-9780198810216?lang=en&cc=gb

Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.

DECENTRALISATION AND CONSTITUTIONALISM IN AFRICA

This volume is available here: https://global.oup.com/academic/product/decentralization-and-constitutionalism-in-africa-9780198846154?q=fombad%20and%20steytler&lang=en&cc=gb#

This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.

Call for Bids - Journey to Justice

KAS Rule of Law Program is looking for a service provider to distribute the ‘Journey to Justice’ film to rural areas of Kenya.

Expression of Interest - Design Services

KAS is looking for a suitable service provider to design its materials and products including books, journals, newsletters, promotional materials such as banners, brochures, flyers, branded merchandise (note books, diaries, pens, bags, folders, hoodies, t-shirts, scarfs, caps among others)