A Contextual and Comparative Analysis of Constitutionalism and Political Culture on Elections: Kenya and Zimbabwe.
AbstractThe influence of a Constitution in an electoral system may seem obvious, but sometimes it is not. Sometimes there are tensions between the principles underpinning an electoral process such as the promotion of majority rule, giving a voice for minorities, inclusiveness, the promotion of a stable government, freedom of expression, assembly, the free press and political culture. This paper examines the concept of constitutionalism and political culture in Kenya and Zimbabwe as it relates to the electoral process. Constitutions of Malawi, South Africa, Libya, Ghana, Uganda, Tanzania, Ethiopia, France, German, U.K, U.S.A, Australia, Canada, and Latin America have also been mentioned. The intention is not to take a comparative analysis of the texts of the Constitution of these countries, but to draw lessons in the development of constitutionalism as it relates to elections. In doing so, this paper addresses legal issues involved in making Constitutions work. This paper not only examines constitutional forms in Kenya and Zimbabwe, but the political life in which they have been contained. Key findings show that although a good Constitution is important, it is not enough to create constitutionalism.
Authors who publish with this journal agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access here: http://opcit.eprints.org/oacitation-biblio.html).