
Contents
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1. Introduction 1. Introduction
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2. Constitutional Identity and the African Context 2. Constitutional Identity and the African Context
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3. Forging Constitutional Identity in Challenging Circumstances 3. Forging Constitutional Identity in Challenging Circumstances
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3.1 The Emergence of Autocratic Constitutionalism: The Civilian-Military Autocracies 3.1 The Emergence of Autocratic Constitutionalism: The Civilian-Military Autocracies
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3.2 Grappling with Diversity 3.2 Grappling with Diversity
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3.3 Living with the Legacy of Apartheid and Colonialism 3.3 Living with the Legacy of Apartheid and Colonialism
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3.4 Reconciling National Identity with the Imperatives of Global Constitutionalism 3.4 Reconciling National Identity with the Imperatives of Global Constitutionalism
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3.5 Reflecting Indigenous Institutions and Values in African Constitutional Identities 3.5 Reflecting Indigenous Institutions and Values in African Constitutional Identities
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4. Reconciling the Search for a Constitutional Identity with the Promotion of Constitutionalism 4. Reconciling the Search for a Constitutional Identity with the Promotion of Constitutionalism
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5. Conclusion 5. Conclusion
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Bibliography Bibliography
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11 Fostering a Sense of Constitutional Identity amid the Travails of African Constitutionalism
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Published:February 2024
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Abstract
Since independence, African countries have grappled, in both design and practice, with numerous social, economic, and political disharmonies. These have become particularly manifest following the wave of constitutional reforms that started in the 1990s. This chapter provides the conclusion to a volume that has taken the reader on a journey through the challenges African countries have encountered in their efforts to design constitutions that strive not only to promote constitutionalism but to do so in a manner that reflects the constitutional identity of the different countries. The chapter attempts to answer a series of questions that revolve around the relevance of constitutional identity to the fostering of constitutionalism and good governance and the main lessons that can be drawn from the preceding chapters. It is against this background that it considers ways of promoting constitutional identity in a manner that enhances, rather than undermines, efforts to entrench a culture of constitutionalism and good governance.
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