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Postcolonial Legality: Law, Power and Politics in Zambia - Law, Politics, and State Formation in Africa Since the End of the Cold War (Hardcover)
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Postcolonial Legality: Law, Power and Politics in Zambia - Law, Politics, and State Formation in Africa Since the End of the Cold War (Hardcover)
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This book interrogates the ideology and practices of liberal
constitutionalism in the Zambian postcolony. The analysis focuses
on the residual political and governmental effects of an Imperial
form of power, embodied in the person of the Republican President,
termed here Prerogativism. Through systematic, long-term
ethnographic engagement with Zambian constitutionalist activists -
lawyers, judges and civic leaders - the study examines how
Prerogativism has shaped the postcolonial political landscape, and
limited the possibilities of constitutional liberalism. This is
revealed in the ways that repeated efforts to reform the
constitution have side-lined popular participation, and thus failed
to address the deep divide between a small elite stratum (from
which the constitutional activists are drawn) and the marginalized
masses of the population. Along the way, the study documents the
intimate interpenetration of political and legal action, and
examines how Prerogativism delimits the political engagements of
elite actors. Special attention is given to the reluctance of the
legal activists to engage with popular politics, and to the
conservative ethos that undermines efforts to pursue a
jurisprudence of transformational constitutionalism in the findings
of the Constitutional Court. The work contributes to the rising
interest in applying socio-legal analysis to the statutory domain
in postcolonial jurisdictions. It offers a pioneering attempt to
deconstruct the amorphous and ambivalent assemblage of ideas and
practices related to constitutionalism through detailed
ethnographic interrogation. It will appeal to scholars, students
and practitioners with an interest in theorizing challenges to
political liberalism in postcolonial contexts, as well as in
rethinking the methodological toolbox of socio-legal analysis.
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