Constitutionalism - in classical terms and in African nationhood

Abstract

Perceptions of a cardinal role for constitutionalism in African governmental practice raise questions about the possible universality of the common Western ingredients of that notion. African constitutional practices, which are today part of a modern tradition, are of a later origin than the European tradition, and, for reasons tied up with history, they drew upon the earlier Western experience. There is, as a result, the temptation to apply Western apprehensions as standard notions, and to assume a definite, common meaning for constitutionalism regardless of the social, political, economic, cultural or intellectual context. This paper aims at isolating the African content of constitutionalism, showing how it departs from the Western reality of governance. There are deep-seated realities in African societies, such as the reliance of African economies on agriculture and the scarce availability of food, apparel, and accommodation, which cannot but have a major impact on operational political and constitutional arrangements. Since the African context is in the first place a context of creation, or construction, of larger rights and liberties, the question of human rights in terms of the idea of immutable, accrued rights of the self may need to take second place in the ordering of national priorities