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Constitutionalism and the Economy in Africa

Online ISBN:
9780191981555
Print ISBN:
9780192886439
Publisher:
Oxford University Press
Book

Constitutionalism and the Economy in Africa

Charles M. Fombad (ed.),
Charles M. Fombad
(ed.)
Director, Institute for International and Comparative Law in Africa
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Nico Steytler (ed.)
Nico Steytler
(ed.)
South African Research Chair, Dullah Omar Institute of Constitutional Law, Governance and Human Rights
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Published online:
15 December 2022
Published in print:
11 November 2022
Online ISBN:
9780191981555
Print ISBN:
9780192886439
Publisher:
Oxford University Press

Abstract

This volume deals with the relationship between constitutionalism and economic growth in Africa and addresses five questions: (1) In the constitutional reforms of the 1990s and thereafter, did constitutions also reflect the shift towards a market economy through the protection of property and freedom of contract? (2) Given that agriculture and extractive industries are the main source of state revenue in many African economies, how are matters of land and other natural resources dealt with constitutionally? (3) Where the market economy is captured in a constitution, what is the state’s relationship to that economy: interventionist or laissez-faire, or somewhere in between? Have constitutions also established a ‘social’ state that provides the basic elements of a dignified life? (4) In the process of constitution-making and implementation with regard to the economy, what impact has globalization had on constitutionalism and economic life in Africa? (5) Overall, the question is how has the relationship between constitutionalism and economic growth played out in practice? Is there a symbiotic relationship and has constitutionalism led (or may do so) to greater economic prosperity?

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