Constitutionalism in Africa and Beyond

Whether in major world powers or smaller economies, constitutions around the globe are facing increasing challenges. In the United States—a country whose judiciary often dominates discussions on constitutionalism— President Donald Trump responded to unfavourable judicial rulings by calling for the impeachment of the judges involved, expressing his demands via tweets in March 2025. In January 2025, security detail was withdrawn from Kenya’s first female Chief Justice, highlighting the growing pressures faced by judiciaries worldwide. Issues such as the judicialization of politics and the protection of human rights have become enduring concerns across nearly every country. Emerging political and legal developments continually challenge courts and constitutions, often constraining the powers of judges, politicians, and other actors—while simultaneously creating new opportunities for these same actors to expand their influence. At the heart of these shifting dynamics lies a fundamental question: who holds whom accountable, to what extent, and under what conditions? This book explores various dimensions of constitutionalism in Africa and beyond, including, but not limited to, judicial independence, the judicialization of politics, and the politicization of the judiciary. What makes this volume a must-read is its interdisciplinary and comparative approach. Most chapters go beyond merely analysing legal provisions that empower or weaken different branches of government; they also examine the social, political, and economic factors that shape constitutionalism. Two chapters offer a comparative analysis of African and non-African jurisdictions. The final chapter synthesizes the key takeaways from the book.