The role of democratic legitimacy in the recognition of governments in Africa since the end of the Cold War

• de Wet, Erika ^[1]
  1. [1] University of Pretoria

     University of Pretoria

     City of Tshwane, Sudáfrica

     
• Localización: International journal of constitutional law, ISSN 1474-2640, Vol. 17, Nº. 2, 2019, págs. 470-478
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • This article explores whether recent institutional reforms within Africa have modified the traditional criterion of effective control as the decisive requirement for recognition of de jure governments in the region. It examines in particular whether measures adopted by the African Union (AU) for outlawing unconstitutional changes of government have elevated democratic legitimacy to an (additional) criterion for governmental recognition. The article illustrates that on the whole, the practice of the AU has been neither consistent in the condemnation of coup regimes nor keen to support popular movements that oppose authoritarian rule, or scrutinize the democratic pedigree of governments for the purposes of (continued) recognition. In essence, the AU’s institutional commitments to oppose unconstitutional changes of government amount to guiding principles, rather than binding obligations. While at times decisive, democratic legitimacy has not yet replaced effective control as the point of departure for governmental recognition.