Globalization, the Rule of (Administrative) Law and the Realization of Democratic Governance in Africa: Realities, Challenges and Prospects

46 Pages Posted: 9 Dec 2015

Date Written: February 5, 2013

Abstract

This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, the article contends that administrative law norms, which are increasingly embraced in constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in African countries. The article then demonstrates how administrative law can subject the exercise of power to the rule of law, contribute to the realization of social and economic rights, enhance public participation in governance, and contribute to the democratization of the exercise of power within legislatures and judiciaries.

Suggested Citation

Akech, Migai, Globalization, the Rule of (Administrative) Law and the Realization of Democratic Governance in Africa: Realities, Challenges and Prospects (February 5, 2013). Indiana Journal of Global Legal Studies, Vol. 20, No. 339, 2013, Available at SSRN: https://ssrn.com/abstract=2701203

Migai Akech (Contact Author)

University of Nairobi ( email )

4139-40200
Nairobi, 40200
Kenya

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