SOAS Research Online

Abstract

This study examines the extent to which the newly independent African countries are adhering to the Rule of Law. The idea that rulers should observe a certain code of behaviour in dealing with their subjects is not new. In the first of the three parts of this study, we trace the evolution of this idea. Two approaches are distinguished. Chapter One deals with the conceptual fundamental human rights approach which is rooted in the theory of natural law and natural rights. The second chapter appraises the British procedural approach, with its emphasis on remedies as distinct from the explicit enactment of individual rights. After a few remarks on the universal conception of the Rule of Law, we conclude this part of the study with a working definition. African states have borrowed many ideas and institutions of government from Europe. These are being adapted to suit local needs. We pause in Part II to examine African traditional ideas and practices of governments, to discover the equivalents (if any) of the features of the concept of the Rule of Law. Part III opens with Chapter Five, which analyses the new political systems in Africa with particular reference to the one-party regimes. Chapter Six examines the democratic basis of African governments, while Chapter Seven attempts a survey of individual liberties in modern Africa. In Chapter Eight, the factors making for or against fair and impartial administration of justice are evaluated. The ninth chapter briefly concludes the work.