@article{2025:erk:recognisin,
title = {Recognising and Empowering Homegrown Constitutionalism: The Challenges and Opportunities Accompanying the Changing Global Order},
year = {2025},
note = {In midst of unpredictable geopolitical changes accompanying the end of
the post-Cold War convergence around liberal-democratic-capitalist
ideas, it is difficult to predict what the next global order would
look like. What is however very likely is that multilateral agreements
on constitutional design for countries emerging from conflict will no
longer be within easy reach. Not only will there be deep disagreements
over the blueprint of settlements among members of the international
community—especially from those in the West, but there might not
even be any political interest and will to be involved. This presents
an opportunity for non-Western ideas on constitutions and
constitutionalism to increase their international presence and pull.
Recognising and empowering homegrown traditions of constitutionalism
in Africa is not a straightforward uniform process. The continent has
three different legal systems and a multiplicity of indigenous systems
of traditional law and governance. Promises and pitfalls coexist,
projected consequences and unexpected complications blend into each
other. The article rests on three sections. The first one examines the
potential impact the changing global order will bring to constitutions
and constitutionalism in Africa. The second section looks at the fate
of different homegrown systems of traditional law and governance in
Africa under three different legal systems. And the final section
identifies five distinct categories of challenges and opportunities
depending on the choice of the legal and political path to recognising
and empowering homegrown constitutionalism.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {390--407},
author = {Erk, Jan},
volume = {58},
number = {3}
}