Lessons from the Law and Politics of Federalism in Africa: Federalism Is Bigger Than Federation; Constitutions Are More Than Single Mega-Documents; the International Trumps the Domestic; and the Past Continues to Matter

Jan Erk

doi:10.5771/0506-7286-2023-3-633

Contents
- Chapter Expand | CollapseAuthorsPage
- 491–492 Titelei/Inhaltsverzeichnis 491–492
- 493–610 Symposium 493–610
  - 493–505 The Directive Constitution in the Varieties of Constitutionalism: An Introduction Michael Riegner Michael Riegner 493–505
  - 506–523 "Constitucionalismo Dirigente" and Transformative Constitutionalism: Common Elements, Differences, and Methodological Challenges Mariana Canotilho Mariana Canotilho 506–523
  - 524–548 Asking for Directions: The Origins of Gomes Canotilho Directive Constitutionalism at the Crossroads of Contemporary Constitutional Thought Luís António Malheiro Meneses do Vale Luís António Malheiro Meneses do Vale 524–548
  - 549–567 Transformation by Decree? A (Brief) Reflection on the ‘Directive Constitution’ (Constituição Dirigente) in Brazil Florian F. Hoffmann, Fabio Carvalho Leite Florian F. Hoffmann, Fabio Carvalho Leite 549–567
  - 568–586 The Theories of Constituição Dirigente and Transformative Constitutionalism and Their Reception by Brazilian Constitutional Theory: An Approach Based on Critical Comparative Law Deo Campos Dutra Deo Campos Dutra 568–586
  - 587–601 Bridging Past and Future: Transformative Constitutionalism and Directive Constitutions Amidst Authoritarian Challenges Juliana Cesario Alvim Gomes Juliana Cesario Alvim Gomes 587–601
  - 602–610 A Comment from a South African Perspective on Directive and Transformative Constitutionalism in Comparative Constitutional Law Jonathan Klaaren Jonathan Klaaren 602–610
- 611–654 Abhandlungen / Articles 611–654
  - 611–632 State of Exception and Internal Colonialism:The Construction of the Belo Monte Power Plant in Brazil Giovanni Martins de Araújo Mascarenhas Giovanni Martins de Araújo Mascarenhas 611–632
  - 633–654 Lessons from the Law and Politics of Federalism in Africa: Federalism Is Bigger Than Federation; Constitutions Are More Than Single Mega-Documents; the International Trumps the Domestic; and the Past Continues to Matter Jan Erk Jan Erk 633–654
- 655–662 Buchbesprechungen / Book Reviews 655–662
  - 655–659 Arun K Thiruvengadam, Constitution of India: A Contextual Analysis Florian Matthey-Prakash Florian Matthey-Prakash 655–659
  - 659–662 Silvia von Steinsdorff, Ece Göztepe, Maria Abad Andrade and Felix Petersen, The Constitutional Court of Turkey Between Legal and Political Reasoning İlker Gökhan Sen İlker Gökhan Sen 659–662
- 663–663 VRÜ/WCL Article Prize Volume 54 (2021) 663–663
- 664–664 Call for Papers 664–664
- 665–666 Impressum 665–666
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VRÜ Verfassung und Recht in Übersee , page 633 - 654

Lessons from the Law and Politics of Federalism in Africa: Federalism Is Bigger Than Federation; Constitutions Are More Than Single Mega-Documents; the International Trumps the Domestic; and the Past Continues to Matter

Autoren

Jan Erk

DOI
- doi.org/10.5771/0506-7286-2023-3-633
- ISSN: 0506-7286
- ISSN online: 2941-9603
Abstract

The study of federalism brings together both political scientists and constitutional lawyers. It is one of those fields of study where the scholarly and the applied are inextricably interlinked. However, studies on and from the non-Western world tend to be underrepresented in the field, subsequently leading to both scholarly and applied shortcomings. This article is an attempt to start undoing that unevenness by identifying four lessons from the African continent. While doing so, we pursue two simultaneous intellectual goals: One is to use Africa to help sharpen the theoretical insights and conceptual tools of comparative federalism in general – applicable to both the West and the rest. And secondly, running parallel to this, the article also exposes the reader to the varieties of federalism in Africa. This not only enriches our scholarly repertoire but will also help nuance and finetune some of the prevailing theoretical assumptions in the field, and thus improve the chances of federalism to deliver on its promises in applied terms. The comparative lessons drawn from the African experience can be grouped under four categories. 1) The article builds on the conceptual distinction between federalism and federation; and argues that ideas and practices of federalism in Africa are more numerous than the formal federations of the continent. 2) The pre-colonial and imperial history of the continent is marked by British-style amalgamations of constitutional documents, practices, unwritten rules, and customs – some at the imperial level, some regional, some local. 3) International-level factors, especially the arrival of colonialism, and then later, the geopolitical pressures of the Cold War, played key roles in influencing the choice and workings of constitutions on the continent. 4) History has left each African country with certain dynamics unique to them making cutting and pasting best practices from abroad without attention to the local context problematic.
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