Constitutionalism and coloniality: A case of colonialism continued or the best of both worlds?
Abstract
This article deals with the concept of constitutionalism in relation to
colonialism and modernity, with a specific emphasis upon South Africa and
South African constitutional development. The Republic of South Africa
transitioned from an authoritarian regime to a democratic regime in 1994
and adopted a constitution that is to contribute in the consolidation of its
young democracy. However, amidst continued struggles within the South
African polity and an emphasis upon de-colonisation, it is necessary to afford
attention to aspects of South African constitutionalism.
This article relates a discussion of constitutionalism with coloniality and
modernity, and considers the nature of the South African Constitution and
constitutionalism in this respect. Attention is afforded to unpacking these
concepts and the consideration of alternatives, in order to transform or
decolonize South African constitutionalism. In this regard reference is made to
the nature of constitutionalism, the context of the South African Constitution
and the discussion of three approaches to South African constitutionalism
that might be helpful in addressing the contested nature thereof. These three
approaches are: transformative constitutionalism, progressive constitutionalism
and Ubuntu.
The article concludes that no definitive or final solutions can be offered,
except to suggest that the continued emphasis of these understandings of
constitutionalism could perhaps contribute to the actualization and recognition
of a deeper and fuller democratic constitutionalism for South Africa, that will
also entail finding a balance between modernity and coloniality, because it is
suggested that, in the end, there cannot be a complete divorce between these
two worlds. Only in this way, it is suggested, can be moved to a South African
constitutionalism that embraces the best of both worlds.
Collections
- Faculty of Humanities [2042]
- New Contree: 2016 No 75 [8]