CEU eTD Collection (2019); Joseph, Patriciah Waithera: Promises (Un)Met? Constitutional Performances in Comparison: Experiences from Kenya, Ghana, And South Africa

CEU Electronic Theses and Dissertations, 2019
Author Joseph, Patriciah Waithera
Title Promises (Un)Met? Constitutional Performances in Comparison: Experiences from Kenya, Ghana, And South Africa
Summary Constitution building does not end with the adoption of a constitution. In fact, the work begins once a new constitution is adopted. Yet, the normal tendency is to trust that the constitution will achieve the aspirations that attended its adoption.
Effective constitution building demands that the progressive implementation of the constitution be taken into account. In order to determine whether a constitution fulfils its functions as designed, it must be tested through implementation. For lessons to be drawn about the impact of a constitution, some form of evaluation is critical, to provide the basis for learning. It is this evaluation that also gives insight into the appropriateness of the design options that were adopted in the making of a constitution.
This research pursues the concept of measuring constitutional performance using Ghana, Kenya and South Africa as case studies. It explores the extent to which the respective constitutions have realised their intended goals under one theme. Furthermore, it identifies gaps in the constitution that call for reconsideration if the intended purposes are to be achieved.
Supervisor Böckenförde Markus
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2019/joseph_patriciah.pdf

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