Comparative Constitution Making
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Comparative Constitution Making

Edited by David Landau and Hanna Lerner

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field.
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Chapter 24: Voluntary infusion of constitutionalism in Anglophone African constitutions

Francois Venter

Abstract

Constitutionalism has, rightly or erroneously, become the shibboleth for almost all  contemporary constitution-writers, no less so in Anglophone Africa. What it actually means may be contested, but there is a range of essential concrete and theoretical notions regularly associated with it. Constitutionalism was, ironically, brought to Africa in the wake of colonialism. It has however, especially over the past two to three decades, sprouted roots discernible especially in African constitutional texts and constitutional judgments. The level of absorption, and possibly adaptation, of constitutionalism in Anglophone Africa allows for interesting comparative exercises. Stumbling blocks in this regard are the perpetuation of presidential patronage and some confusion between constitutional monism and dualism.

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