The study makes a descriptive and analytical study of the development of the dynamic concept of the rule of law with special reference to the African contribution. First, the study shows that the Diceyan concept of the rule of law was narrow and peculiar to the Western liberal legal culture, and that more specifically, the substantive content of the concept of the rule of law was limited to the first generation of human rights. In its international and African context the concept was expanded to include all three generations of human rights and also identified with the concepts of democracy and the right of peoples and nations to self-determination. The expanded concept came to be known as the Dynamic Concept of the rule of law. Secondly, the study traces the origins and development of the principle of equal rights and self-determination and their extension to all peoples and nations and shows that these rights are universal, not relative, as they derive from the inherent worth and dignity of the individual. Also, the study shows that in the African context the three generations of human rights have been interlinked, made inter-dependent, and then identified with the rule of law, human rights and the right of self-determination (perceived as a right to democratic self-governance). Hence, the worth and dignity of the human personality has been made the fountainhead of human rights and have been elevated to the substantive elements of the Dynamic Concept of the rule of law and the basis of the modern African Constitutional State. Under the Colonial Rule both the Diceyan and the dynamic concept of the rule of law were not recognised. Instead, Colonial and racist regimes tried to create alternative institutions of government which denied the oppressed peoples the right to democratic self-governance and independence. However, Colonial and oppressed peoples relied on the dynamic concept of the rule of law in their freedom struggles and in the elaboration of their policies. Hence, the constitutions of all the former colonies in southern Africa under discussion were to different degrees informed by the Dynamic Concept of the rule of law. / Constitutional, International & Indigenous Law / LL.D

The study makes a descriptive and analytical study of the development of the dynamic concept of the rule of law with special reference to the African contribution. First, the study shows that the Diceyan concept of the rule of law was narrow and peculiar to the Western liberal legal culture, and that more specifically, the substantive content of the concept of the rule of law was limited to the first generation of human rights. In its international and African context the concept was expanded to include all three generations of human rights and also identified with the concepts of democracy and the right of peoples and nations to self-determination. The expanded concept came to be known as the Dynamic Concept of the rule of law. Secondly, the study traces the origins and development of the principle of equal rights and self-determination and their extension to all peoples and nations and shows that these rights are universal, not relative, as they derive from the inherent worth and dignity of the individual. Also, the study shows that in the African context the three generations of human rights have been interlinked, made inter-dependent, and then identified with the rule of law, human rights and the right of self-determination (perceived as a right to democratic self-governance). Hence, the worth and dignity of the human personality has been made the fountainhead of human rights and have been elevated to the substantive elements of the Dynamic Concept of the rule of law and the basis of the modern African Constitutional State. Under the Colonial Rule both the Diceyan and the dynamic concept of the rule of law were not recognised. Instead, Colonial and racist regimes tried to create alternative institutions of government which denied the oppressed peoples the right to democratic self-governance and independence. However, Colonial and oppressed peoples relied on the dynamic concept of the rule of law in their freedom struggles and in the elaboration of their policies. Hence, the constitutions of all the former colonies in southern Africa under discussion were to different degrees informed by the Dynamic Concept of the rule of law. / Constitutional, International and Indigenous Law / LL.D

History has proven that, if freed from the grasp of the unitary executive, the elected Attorney General flourishes as a lawyer for the law dedicated above all else to the "public interest." In light of these proven benefits, the pressing question becomes whether this tested design can help the people of Africa as they fight to reclaim their wayward governments. Might a popularly elected Attorney General steady the bridge so Africa can pass through to freedom and prosperity? More immediately, does the divided executive with its elected attorney general represent a new hope for Africa in combating corruption? The author takes a critical look at the evolution of the elected Attorney General and uses the role of the Attorney General in the United States of America as an example. The author concludes that perhaps now is the time to start creating the history of Africa’s ultimate escape from the endless vestiges of colonialism still embedded in the unitary executive. Maybe now is the time for the peoples of Africa to borrow an idea from their American cousins and get their own lawyer! / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr. Tilahun Teshome in association with the Addis Ababa University / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The beginning of the 1990s saw many African countries embarking on the process of drafting new constitutions as they abandoned independence constitutions. Most of the independence constitutions were perceived as constitutions without constitutionalism and they were generally blamed for failure of democracy and the rule of law in Africa. The study analyses the state of democracy and constitutionalism and the impact that colonialism had on the African continent. Apart from the spurt of new constitutions adopted, democracy is growing very slowly in most African states with widespread human rights violations and disregard for the rule of law and the principle of separation of powers, still holding the centre stage. Judicial independence is an important component of democracy in the modern state. The study therefore scrutinizes how the principle of judicial independence can be promoted and protected to enhance democracy. One important mechanism which plays a crucial role in safeguarding judicial independence is the way judicial officers are appointed. The study selects four countries – Swaziland, Kenya, Zimbabwe and South Africa and analyses how judicial officers are appointed in these countries in an effort to find an effective and optimal approach.The premise of the study is centred on the role of constitutionalism and the process of appointing judges as a means of promoting and safeguarding democracy in these selected countries. / Public, Constitutional, & International Law / LLM

The beginning of the 1990s saw many African countries embarking on the process of drafting new constitutions as they abandoned independence constitutions. Most of the independence constitutions were perceived as constitutions without constitutionalism and they were generally blamed for failure of democracy and the rule of law in Africa. The study analyses the state of democracy and constitutionalism and the impact that colonialism had on the African continent. Apart from the spurt of new constitutions adopted, democracy is growing very slowly in most African states with widespread human rights violations and disregard for the rule of law and the principle of separation of powers, still holding the centre stage. Judicial independence is an important component of democracy in the modern state. The study therefore scrutinizes how the principle of judicial independence can be promoted and protected to enhance democracy. One important mechanism which plays a crucial role in safeguarding judicial independence is the way judicial officers are appointed. The study selects four countries – Swaziland, Kenya, Zimbabwe and South Africa and analyses how judicial officers are appointed in these countries in an effort to find an effective and optimal approach.The premise of the study is centred on the role of constitutionalism and the process of appointing judges as a means of promoting and safeguarding democracy in these selected countries. / Public, Constitutional, and International Law / LLM