Constitutionalism and the Juridical Governance Implications of a Continental Order

“In this paper attention has been focused on the broader concept of constitutionalism, rather than the narrow idea of “a constitution”, in examining the constitutional implications of a
continental order. This is primarily because constitutionalism can exist without a constitution and a constitution does not necessarily result in constitutionalism. The paper starts with a discussion on
constitutionalism. Secondly, the development of constitutionalism in Africa is discussed
including the struggles and problems. This is done in order to provide a general
understanding of African states’ acceptance and practice of constitutionalism, since this will aid in understanding the third area of discussion – that of constitutionalism at a continental
level. This is followed by an examination of how the current structures can be strengthened. Finally, the development of constitutionalism at a state level is discussed.”