THE CONSTITUTION WITHOUT DEMOCRATIC CONSTITUTIONALISM: A REGRESSIVE EXPERIENCE DEMOMOCRACY IN AFRICAN COUNTRIES
DOI:
https://doi.org/10.17058/rdunisc.vi78.20281Abstract
This article aims to understand the current state of Portuguese-speaking African countries, marked by democratic discontinuity, evidenced by dictatorial electoral systems, weak separation of powers, denial of the rule of law, deprivation of fundamental freedoms and political partisanship of state institutions, culminating in a regime of dictatorial constitutionalism, characterised by a constitution with an absence of constitutionalism.In addition, the symbolic dimension of Africa's multiple constitutions will be addressed, which in principle declare the limitation of political power and recognise fundamental rights, freedoms and guarantees, but at their core deny the minimum possibilities for the effectiveness of constitutional norms. This is because political power is exercised in an unlimited and abusive manner. Furthermore, we will analyse the models of constitutional courts in Portuguese-speaking African states and their role in making fundamental rights effective.
