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."