ABSTRACT

The rule of law is today a major theme in the discourse on governance in African countries. Donors, intellectuals, and activists on the ground in African societies now highlight it as one of the key ingredients needed to promote social stability and economic development on the continent. Whereas the first three decades of Africa’s independence were characterized by the weakness, if not absence, of the rule of law in most countries, circumstances today are more favourable. African political systems are more ‘rule-governed’ than in the past, civil liberties have improved, and judicial and legal actors occupy more important positions in many societies. Yet the picture is not entirely positive. Executives are still the dominant players in African politics, and many of them operate with little regard for the legal boundaries on their authority. Judiciaries remain weak in terms of their capabilities and independence, and corruption continues to undermine the institutions charged with promoting the rule of law (Olivier de Sardan, this volume). All this serves as an important reminder that the rule of law still faces many challenges in sub-Saharan Africa.