
Contents
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1. Introduction 1. Introduction
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2. From Contestation to Recognition 2. From Contestation to Recognition
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3. Recognition of Traditional Authorities in Postcolonial African Constitutions 3. Recognition of Traditional Authorities in Postcolonial African Constitutions
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4. What Roles for Traditional Authorities in Postcolonial Constitutions? 4. What Roles for Traditional Authorities in Postcolonial Constitutions?
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5. Traditional Authority and Constitutional Identity in the Post-colony 5. Traditional Authority and Constitutional Identity in the Post-colony
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Bibliography Bibliography
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3 Constitutional Identity and Traditional Authority in the Post-colony
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Published:February 2024
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Abstract
The notion of constitutional identity is often used as a basis for classifying constitutions according to their differing features. Gary Jacobsohn, however, argues that constitutional identity emerges dialogically and represents a mix of political aspirations and commitments that are expressive of a nation’s past, as well as the determination of those within the society who seek in some ways to transcend that past. James Tully in turn argues for the recognition of a multiplicity of identities within modern constitutionalism. This chapter combines these approaches to explore the place of traditional authorities within postcolonial constitutions. In exploring the status of traditional authorities in postcolonial constitutional orders, the various waves of postcolonial constitutions, and the different sources of identity and resistance that have struggled to reshape constitutional orders in moments of constitution-making, amendment, and contestation, the chapter both demonstrates the persistence of traditional authority within African constitutional orders and attempts to identify what Jacobsohn describes as a broader constitutional identity.
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