Africa's Lame Ducks: Second-Term Presidents and the Rule of Law

Abstract

The vast majority of sub-Saharan countries have adopted constitutional clauses establishing that elected presidents cannot serve more than two mandates. While an extensive literature has examined why African leaders comply with or else try to manipulate term limits, the policy implications of the latter remain unexplored. Existing studies of other world regions suggest that setting a maximum number of terms presidents can serve tends to make them ‘lame ducks’ during their final mandate. We reconsider this argument, and posit and demonstrate empirically that constitutional limits can actually induce positive effects on second-term presidents' actions compared to their first terms. More specifically, the absence of electoral pressures, the concern for their post-presidential future and legacy-building motivations may lead to improvements in the rule of law, especially regarding the functioning of the judiciary. This article represents the first empirical investigation of the performance of Africa's second-term lame-duck presidents.