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We, the East African lawyers, have learnt the meanings of constitution from our British masters who themselves do not have a written constitution. Steeped in positivism, theirs is more of a description rather than a definition, much less a concept. The descriptions, with some or other variation of language, tell us that a constitution is a collection of rules which establishes and regulates or governs the government (Wheare 1966:1) Wade & Bradley (1965, 7th edn.) better it slightly. ‘By a constitution is normally meant a document having special legal sanctity which sets out the framework and the principal functions of the organs of government of a State and declares the principles governing the operation of those organs.’ (ibid.:1) I will not dwell on definitions; rather my purpose is to explore the concept of constitution and what does it express politically and socially. |
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