A Globalizing Constitutionalism?

This article uses primary data from the constitutional texts of 91 postcolonial nations (over the course of the latter part of the 20th century) to question the effects of global political norms upon documentary constitutionalism. The independence constitutions were strongly influenced by intra-imperial and transnational lines of circulation, but not global ones. They were differentiated by former empire, religion and political-economic ideology. A significant change came about during the 1990s, when most of these original constitutions were rewritten or replaced. The newer constitutions are more isomorphic than before, indicating the global influence of democratization, human rights ideology and economic neoliberalism. On the other hand, this process of homogenization has been tempered by two countervailing processes: constitutional complexification and differentiation. These processes produce syncretic forms within and across constitutions. They reveal that divergence can unfold concomitantly with, rather than in spite of, constitutional convergence.