Liberal Constitutionalism in the Post-Colony

Read full text
Authors: Theunis Robert Roux
Cited by: 0

Abstract

Liberal constitutionalism is much maligned today as, at best, a culturally contingent approach to governance, and, at worst, epistemically hubristic. Concepts like the rule of law and the separation of powers, far from expressing universal truths, are said to be inseparably tied to the European Enlightenment. Their continued presence in constitutions around the world is less an indication of their durability and more a reflection of their current status as conceptual driftwood deposited at the high-water mark of Western hegemony. But is this an accurate account of liberal constitutionalism and does it really square with our understanding of the way legal concepts are recycled between North and South?

Fields of Study & Subjects

Comparative constitutional jurisprudence studies Judicial and Constitutional Studies Legal Rights and Human Rights

Publication details

Publication date
12 February 2026
Language
EN
Document type
Preprint