Introduction

Abstract

Abstract This volume on Constitutional Identity and Constitutionalism in Africa brings a number of important research questions to the fore—historically, contemporarily, and prospectively. First, it raises the question of whether the concept of constitutional identity provides a useful optic with which to look at and appreciate African constitutions. The second question concerns the role of path dependency in forming constitutional identities. To what degree have colonial heritages shaped the constitutional identities that surfaced in independence and post-independence constitutional ordering? A third issue relates to the widening gap between most African constitutions—which in many cases incorporate fundamental principles of modern constitutionalism—and the actuality of practice. A fourth question is whether African traditional authorities and institutions are part of national constitutional identity-building or merely a sentimental cultural relic of the past with little relevance today? Closely related to this is the question of whether constitutionalism should form part of an African constitutional identity. These questions are addressed in the comparative and case studies.