Published online by Cambridge University Press: 28 July 2009
This seems a particularly appropriate time to devote a double issue of the Journal to one topic—constitutional law. Throughout sub-Saharan Africa, there is blowing a wind of political change comparable with that identified by British Prime Minister Harold Macmillan in his famous speech to the South African parliament in Cape Town on 3 February, 1960. The source of that wind was African national consciousness which was impelling the process of decolonisation: in that year, 1960, most of the francophone African states discussed by Reyntjens and Nigeria became independent. By 1968, the process was complete except for Angola, Mozambique, Namibia and Zimbabwe. All the new states were endowed with shiny new democratic constitutions, a “Gaullist” or Westminster” legacy from the departing colonial masters.
1 For the context of that speech, see Home, A., Macmillan 1957–1986Google Scholar, London, 1989, 1945–195.
2 Below, p. 44.
3 See Read, below, p. 174.
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6 See Hatchard, below, p. 79.
7 Bostock, M. and Harvey, C. (eds.), Economic Independence and Zambian Copper, New York, 1972Google Scholar. At the same time, Kaunda's government was confronting Ian Smith's rebellion in Rhodesia. The flavour of the times is well caught by Hall, R., The High Price of Principles: Kaunda and the White South, London, 1969Google Scholar.
8 See Reyntjens, below, p. 44.
9 The Hon. MrAdemola, Justice Adenekan, “The Role of the Judiciary in a Military Non- Constitutional Situation”, in Developing Human Rights Jurisprudence, Vol. 2, Commonwealth Secretariat, London, 1989, 87–100Google Scholar; for academic criticism of the military governments' attitude to the judiciary, see Olowofoyeku, A. A., “The Beleaguered Fortress: Reflections on the Independence of Nigeria's Judiciary”, [1989] J.A.L. 55—71Google Scholar and Ikhariale, M. A., “The Independence of the Judiciary under the Third Republican Constitution”, [1990] J.A.L. 145–158Google Scholar.
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13 Below, p. 142.
14 Below, p. 84.
15 Sub-Saharan Africa: from Crisis to Sustainable Growth, Washington D.C., 1989, xiiGoogle Scholar.
16 Transcript of speech given to the Overseas Development Institute in London on 6 June, 1990, printed as annex to Human Rights in Foreign Policy, Foreign and Commonwealth Office, London, 1991Google Scholar.
17 The Third Republic Alternative: A Bulletin for Socio-Economic Change, No. l, 06 1991Google Scholar.
18 For an example from Sierra Leone of judicial failure in this regard, see The State v. Adel Osman and Others [1988] LRC (Const.) 212Google Scholar.
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24 Below, p.57
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