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CONSTITUTIONALISM, CULTURE AND TRADITION: AFRICAN EXPERIENCES ON THE INCORPORATION OF TREATIES INTO DOMESTIC LAW

CONSTITUTIONALISM, CULTURE AND TRADITION: AFRICAN EXPERIENCES ON THE INCORPORATION OF TREATIES... I INTRODUCTION: DEMOCRATIC IDEALS IDENTIFIED During the last ten months, of this historic year of 1999 ending the mil- lenium, any paper discussing the subject of constitutional review in Kenya, one of the African countries in which this is a burning issue, would be con- sidered grossly inadequate if the following expressions did not find promi- nence in it: "stakeholders"; "the civil society"; "the way forward"; "people- driven" and a "seriously flawed Act".1 I This paper will, nevertheless, run the risk and take the consequences of the decision not to make those expressions the centerpiece in the ensuing analysis, except as absolutely necessary and unavoidable. For the author believes that the expressions in question have already become hardened fixed points in the minds of the people of Kenya, and that all, except the last one, have apparently lost their original technical usefulness and have turned into self-serving, divisionary slogans. Besides, the author has new ones to present, namely: "divine interven- tion",2 "trust, political negotiation and compromise",3 "home-grown",4 "open, inclusive and consultative process"5 and "a constitutional vacuum".6 To this list should be added: "Parliamentary review",7 "Wanjiku and the con- stitution",8 "mass action",9 "transparent, accessible, fast-moving and people- driven review http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Yearbook of International Law Online Brill

CONSTITUTIONALISM, CULTURE AND TRADITION: AFRICAN EXPERIENCES ON THE INCORPORATION OF TREATIES INTO DOMESTIC LAW

African Yearbook of International Law Online , Volume 7 (1): 15 – Jan 1, 1999

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6176
DOI
10.1163/221161799X00093
Publisher site
See Article on Publisher Site

Abstract

I INTRODUCTION: DEMOCRATIC IDEALS IDENTIFIED During the last ten months, of this historic year of 1999 ending the mil- lenium, any paper discussing the subject of constitutional review in Kenya, one of the African countries in which this is a burning issue, would be con- sidered grossly inadequate if the following expressions did not find promi- nence in it: "stakeholders"; "the civil society"; "the way forward"; "people- driven" and a "seriously flawed Act".1 I This paper will, nevertheless, run the risk and take the consequences of the decision not to make those expressions the centerpiece in the ensuing analysis, except as absolutely necessary and unavoidable. For the author believes that the expressions in question have already become hardened fixed points in the minds of the people of Kenya, and that all, except the last one, have apparently lost their original technical usefulness and have turned into self-serving, divisionary slogans. Besides, the author has new ones to present, namely: "divine interven- tion",2 "trust, political negotiation and compromise",3 "home-grown",4 "open, inclusive and consultative process"5 and "a constitutional vacuum".6 To this list should be added: "Parliamentary review",7 "Wanjiku and the con- stitution",8 "mass action",9 "transparent, accessible, fast-moving and people- driven review

Journal

African Yearbook of International Law OnlineBrill

Published: Jan 1, 1999

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