Abstract

Constitutions do not make revolutions. Revolutions make constitutions. No constitution envisages its own death for that is what a revolution entail. But constitutions matter. Some of the finest constitutions have been erected on ugly socio-economic formations wrought with extreme inequalities and inequities. South Africa and Kenya are examples. But constitutions do matter. Constitutions rarely herald fundamental transformations. They are the product of major transformations to consolidate the new status quo. Yet constitutions do matter. Why do constitutions matter? Why do we need constitutions? Why does every revolution and major change in modern societies birth new constitutions?

Highlights

  • Some of the finest constitutions have been erected on ugly socio-economic formations wrought with extreme inequalities and inequities

  • Constitutions rarely herald fundamental transformations. They are the product of major transformations to consolidate the new status quo

  • Deeper structures of a constitution reveal, albeit partially, the constitution of the state is the primary repository of political power

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Summary

Introduction

The constitution defines the citizen and expresses the authority of the state over her. State authority and citizen loyalty is sanctioned by criminal law which stands for the use of force. Citizen rights and freedoms are sanctioned by civil law which censures individuals and organs, never the state. I said a constitution is a political document.

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Conclusion

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