African Democrats Look for Ways to Curb ‘Imperial Presidency’
Militaries still overthrow constitutional democracies in Africa, as seen this year in Mali. But more often, civilian dictatorships emerge without much fanfare or publicity. In recent years, they’ve been made possible by the growth of unlimited powers of the presidency and by the absence of oversight of the executive by courts and parliament.
April 18, 2012
The “imperial presidency.” It’s the name given by many constitutional scholars and opposition politicians to unchecked powers that some say practically make the executive into a monarchy
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Strong presidents are part of a long tradition in Africa, from powerful colonial governors to leaders linked to one-party rule. Scholars say nearly everyone is complicit: they note many founding fathers believed that only powerful leaders could foster national unity and development. Their authority was not to be questioned by public debate or by other branches of government.
Professor of law Kwasi Prempeh, who teaches at Seton Hall Law School in Newark, New Jersey, said many African constitutions were amended in the 1990s to reflect multi-party democracy. But he said they left the issue of presidential power unanswered.
"What is executive power? It comes from constitutional tradition," he explained, "from a litany of laws going back to [the military era of] the 1960s [and even to the colonial era], controlling economy and security – all in legislation. We should step back and look at all laws carried over from one regime to the next [when we re-write our constitutions]. A lot of laws from the past have really cast a dark shadow on our new constitutions."
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