Liberal Constitutionalism in the Post-Colony
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