The Complex Path to Digital Constitutionalism in Africa

Abstract

Abstract This chapter aims to understand how constitutional law has been harnessed to deal with the rapid penetration of digital platforms, exercising powers and providing services analogous to those of governments. Constitutional law in this instance is mainly used as a bulwark against governmental powers and not necessarily private entities like digital platforms. The chapter examines the complex path toward digital constitutionalism in Africa, drawing from the experience of a few sub-Saharan African countries. The chapter shows that reframing power and rights towards digital constitutionalism is complex in Africa for several reasons. One reason is that while African nations have somewhat different reactions to the constitutional challenge of the digital society, some of these reactions are not deliberately tailored to promote a constitutional-based agenda. Besides, the distrust for the public power holders has caused the people to treat any form of regulation of digital platforms with much scepticism. The chapter posits that digital constitutionalism is a concept that is here to stay. African countries must, therefore, seek effective means of promoting constitutionalism online with as much effort and vigour as they do offline.