THE PRIMACY OF POWER AND LIMITED VISION WITHIN CONTEMPORARY AFRICAN CONSTITUTIONALISM[1]
In the last blog, I made the claim that the rise in juristocracy was at the expense of the more representative arms of the State and thus inimical to representative democracy. In this instalment, I make the claim that the masses have been complicit in and actively sanctioned the amassing and sustenance of imperial powers by the executive branch. Professor H.Kwasi Prempeh According to renowned author and academic Kwasi Prempeh, the huge burden placed on the judiciary to promote and sustain constitutionalism is demonstrative of the failure to build credible checks and balances into the “political half of the state.” [2] In other words, excess power within the executive leaves people with no option but to approach the courts to level the playing field. In fact, African leaders’ preference for an authoritarian State model has its roots in the colonial state and its indelible features of “…a unitary and internally unaccountable executive (the colonial governor), posses...