In this constitutional continuum, the tension between secularist constitutional democracy (Turkey) and Islamist constitutionalism (Iran, Libya) will likely preoccupy the Assembly in its first year of transitional governance.
Because the rulings of the Supreme Court are influenced by the occupants of the White House, and in that sense by popular will, popular constitutionalism is alive and well — and is largely responsible for Brown's limited effects.
Because the rulings of the Supreme Court are influenced by the occupants of the White House, and in that sense by popular will, popular constitutionalism is alive and well and is largely responsible for Brown's limited effects.
One strand within living constitutionalism, upon which we will be focus below, stresses the extent to which constitutional interpretation resembles the kind of reasoning that takes place in other areas of the law pertaining to common law legal systems, such as the law of contracts and torts.
But ultra-federalism won't only be about accepting the givens; it should also be about pushing initiatives that will help constitutionalism take hold culturally.
A Zanu-PF win in the elections will be bad for constitutionalism, as the party has not hesitated to trample on the constitution when it feels its power slipping away.
However, critical examination of these issues will determine the long-term sustainability of constitutionalism in Africa.
Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.
Ironically, of course, we will look back on "originalism," or "fundamentalist Constitutionalism," as being entirely of its political and cultural moment.
