"France amended its constitutional court in 2008 to provide for individual complaints against laws
after
they have been promulgated, and that was a radical change in France. But most of the former French colonies have not followed that. They have retained the old model. Maybe in coming decades they’ll change their system and that would allow further development of constitutional courts, which would be an independent check on government."
A new start
Prempeh said that new constitutions should rethink the idea of retaining wholesale the judges from the past.
"You are delivering a state-of-the-art constitution to a holdover judiciary whose traditions and habits [have been formed in] an authoritarian period," he said. "And then you expect that somehow overnight…the same [judges] will turn around and begin to come up with very liberal j[interpretations and] jurisprudence to back up the constitution."
He suggests a solution from Kenya, where a new constitution was adopted in 2010: sitting judges were put on leave and had to re-apply for their jobs.
And he said constitutional changes could provide parliament with a greater say. One idea would mandate that certain actions like appointments to independent constitutional offices be approved by a super-majority.
He said ruling parties are holding on to their parliamentary majorities with fewer numbers, thus forcing them to negotiate with opposition parties in order to govern. And that, said Prempeh, is an opening for enhanced democracy.
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2013-11-25
2013-11-25
2013-11-25
2013-11-25
2013-11-25
2013-11-25