Postcolonial Legality: Law, Politics, and State Formation in Africa Since the End of the Cold War

This book examines the ideology and practices of liberal constitutionalism in the Zambian postcolony, focusing on the residual political and governmental effects of prerogativism, embodied in the republican president. Through ethnographic engagement with constitutionalist activists, the study reveals how prerogativism has shaped the postcolonial political landscape and limited the possibilities of constitutional liberalism. It documents the intimate interpenetration of political and legal action and examines how prerogativism delimits the political engagements of elite actors. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions and offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism.

Format: Hardback
Length: 224 pages
Publication date: 01 January 2021
Publisher: Taylor & Francis Ltd

This book delves into the ideology and practices of liberal constitutionalism in the Zambian postcolony, with a specific focus on the enduring political and governmental impacts of an imperial form of power, symbolized by the republican president, known as prerogativism. Through a rigorous and long-term ethnographic engagement with constitutionalist activists, including lawyers, judges, and civic leaders, the study explores how prerogativism has shaped the postcolonial political landscape and hindered the potential of constitutional liberalism. The findings reveal the ways in which repeated attempts to reform the constitution have marginalized popular participation, failing to bridge the profound divide between a small elite stratum and the marginalized masses of the population. The study also documents the intricate interplay between political and legal action, highlighting how prerogativism constrains the political engagements of elite actors. Special attention is given to the reluctance of legal activists to engage with popular politics and the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the decisions of the Constitutional Court.

The work contributes to the growing interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It pioneers a groundbreaking endeavor to deconstruct the complex and ambiguous assemblage of ideas and practices associated with constitutionalism through detailed ethnographic interrogation. This book will appeal to scholars, students, and practitioners with a keen interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in reevaluating methodologies for studying constitutionalism.

Dimension: 234 x 156 (mm)
ISBN-13: 9781472489081