ABSTRACT
This chapter aims to explore the different roles of referenda as a final up or down vote on the constitutional document based on the African experiences. It examines what extent the positive and negative aspects ascribed to referenda at the end of a constitution-building process are mirrored in the experiences of those African countries. For some scholars, envisaging a "constituent power" as an extra constitutional entity belongs to the world of myths. The two ways in which the constituent power could have been exercised were through a constituent assembly directly elected by the people for the purpose of making the constitution or through a mandatory referendum before it was ratified. One crucial effect that a referendum may have on the dynamics of a constitution-making process is what Elster has described as a "downstream constraint". One might also deliberately trigger some sort of downstream constraint by instituting specific requirements on approval thresholds of referenda.
