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Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa

Thesis (LLD)--University of Pretoria, 2018.

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Other Authors: Fombad, Charles Manga
Format: Thesis
Language:English
Published: University of Pretoria 2019
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access_status_str Open Access
author2 Fombad, Charles Manga
author_browse Fombad, Charles Manga
author_facet Fombad, Charles Manga
collection Thesis
dc_rights_str_mv © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Thesis (LLD)--University of Pretoria, 2018.
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2019
publishDateRange 2019
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spelling oai:repository.up.ac.za:2263/68332 Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa Fombad, Charles Manga charles.fombad@up.ac.za Vohito-Anyanwu, S.E. Political parties Central African Republic Constitutionalism Constitutions South Africa UCTD Thesis (LLD)--University of Pretoria, 2018. This thesis examines how the constitutionalisation of political parties is implemented in the political systems of the Central African Republic (CAR), Senegal and South Africa, and how this affects constitutionalism and the rule of law. These countries’ different political histories and their successful or unsuccessful democratic experiences make them appropriate for selection in this research. The thesis argues that party constitutionalisation is the expression of pluralism, participation and competition. The constitutionalisation of political parties in modern democracies therefore highlights the relevance of political parties as indispensable institutional components of the democratic system and factors of political stability. The thesis finds that, at various levels, the process of implementing party constitutionalisation remains a challenge in the CAR, Senegal and South Africa. The entrenchment of political parties in national constitutions does not necessarily imply that their constitutional rights and obligations are fulfilled and that government authorities, as primary enforcer of the constitution, ensure that appropriate and enabling instruments and mechanisms are in place in this regard. The thesis therefore recommends the entrenchment and promotion of judicial independence in national constitutions as in CAR, Senegal and South Africa. Specific references to the South African constitutional provisions are made with regard to ensuring judicial independence and setting the scope of judicial review by the Constitutional Court. The thesis also highlighted the need for entrenching transparency and accountability institutions in constitutions as a way of protecting political parties against manipulation and pressure from state actors. It highlights the role of international and African Union human rights mechanisms in promoting constitutionalism and party constitutionalisation. Centre for Human Rights LLD Unrestricted 2019-01-31T12:56:25Z 2019-01-31T12:56:25Z 2018-11-25 2018 Thesis Vohito-Anyanwu, SE 2018, Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd D2018 http://hdl.handle.net/2263/68332 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Political parties
Central African Republic
Constitutionalism
Constitutions
South Africa
UCTD
Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa
title Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa
title_full Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa
title_fullStr Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa
title_full_unstemmed Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa
title_short Constitutionalisation of the rights of political parties in Africa and its impact on constitutionalism : a comparative study of the car. Senegal and South Africa
title_sort constitutionalisation of the rights of political parties in africa and its impact on constitutionalism a comparative study of the car senegal and south africa
topic Political parties
Central African Republic
Constitutionalism
Constitutions
South Africa
UCTD
url http://hdl.handle.net/2263/68332