As African countries develop more open, participatory political systems, there is need for both effective formal rules and behavioural change. The present paper focuses on two of the basic building blocks of democracy: constitutions and the rule of law. It first considers reasons why neither constitutions nor the rule of law were effectively consolidated in most of postcolonial Africa, and discusses their importance to good governance and to democracy. It then points to some of the requirements for strengthening the rule of law and building effective legal systems, such as independence of the judiciary, legal training and skills development, a functioning court system, revision of legislation, establishment of watchdog bodies, and provision of information about rights and access to the legal system. In conclusion, it suggests some of the constitutional and legal issues which African countries undergoing the process of political transition will most probably have to address. These relate, amongst others, to land rights and land tenure, property rights, citizenship and nationality laws, the effective maintenance of civil security, corruption, and political party and campaign finance.
