Explaining the Constitutional Integration and Resurgence of Traditional Political Institutions in Sub-Saharan Africa
| Author | Daniela Kromrey,Katharina Holzinger,Florian G Kern |
| Published date | 01 November 2020 |
| Date | 01 November 2020 |
| DOI | http://doi.org/10.1177/0032321719884712 |
| Subject Matter | Articles |
https://doi.org/10.1177/0032321719884712
Political Studies
2020, Vol. 68(4) 973 –995
© The Author(s) 2020
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DOI: 10.1177/0032321719884712
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Explaining the Constitutional
Integration and Resurgence
of Traditional Political
Institutions in Sub-Saharan
Africa
Katharina Holzinger1, Florian G Kern2
and Daniela Kromrey3
Abstract
Social scientists have recently observed a ‘resurgence’ of traditional political institutions on the
constitutional level in Sub-Saharan Africa. Yet, the scope and causes of the resurgence remain
unclear. We base our analysis on original data on the degree of constitutional integration of
traditional institutions and on their constitutional resurgence since 1990 in 45 countries of Sub-
Saharan Africa. We test six theoretical explanations for constitutionalization: former colonial rule,
democratization, state capacity, economic development, foreign aid and settlement patterns. First,
we verify the broad resurgence of traditional political institutions on a constitutional level. Second,
our analysis suggests that, particularly in former British colonies, traditional leaders were able
to translate the arrangements of British colonial rule as well as the advantages of a country’s
deconcentrated settlement pattern into greater constitutional status. Third, settlement patterns
proved important for traditional leaders to gain or increase constitutional status – leading to a
constitutional resurgence of traditional institutions.
Keywords
constitution, integration, resurgence, Sub-Saharan Africa, traditional political institutions
Accepted: 3 October 2019
Introduction
In many states in Sub-Saharan Africa, ethnic groups organize their political decision-
making, their conflict resolution or land rights via traditional political institutions (TPI).
1Department of Politics and Public Administration, University of Konstanz, Konstanz, Germany
2Department of Government, University of Essex, Colchester, UK
3Zukunftskolleg, University of Konstanz, Konstanz, Germany
Corresponding author:
Florian G Kern, Department of Government, University of Essex, Wivenhoe Park, Colchester CO4 3SQ, UK.
Email: fkern@essex.ac.uk
884712PCX0010.1177/0032321719884712Political StudiesHolzinger et al.
research-article2020
Article
974 Political Studies 68(4)
TPI co-exist with the institutions of the state. This type of coexistence is not limited to
Sub-Saharan Africa but can be found across the globe (Holzinger et al., 2016: 470), with
an estimated 57% of the world population living in countries where customary and other
forms of law exist in parallel (JuriGlobe World Legal Systems Research Group, 2019).
Moreover, TPI are also an important factor shaping various political issues and outcomes,
ranging from the provision of public goods (Baldwin, 2015, 2019; Goist and Kern, 2018),
economic development (Acemoglu et al., 2014), democracy and elections (Baldwin,
2013, 2014, 2019; Baldwin and Holzinger, 2019; Baldwin and Mvukiyehe, 2015; de Kadt
and Larreguy, 2018; Koter, 2013) or peace and conflict (Mustasilta, 2019; Wig and
Kromrey, 2018). The interaction of TPI and the state plays a crucial part in these out-
comes, especially where their agendas collide.
While the existence of TPI is a worldwide phenomenon, for Sub-Saharan Africa in
particular, several scholars have identified a ‘resurgence’ of TPI in recent years (e.g.
Englebert, 2002b; Erk, 2014; Logan, 2009; Ubink, 2008). The Afrobarometer surveys
reveal that constituents continue to consider TPI important and express a desire for a
greater political role of traditional leaders (Logan, 2013). Authors also find that TPI
become increasingly codified in constitutions, implying recognition by the state (Holzinger
et al., 2019). Yet, evidence for the constitutional resurgence of TPI is mostly based on case
analysis. The scope and the conditions for the alleged resurgence remain unclear.
In this article, we therefore analyse the constitutional integration of TPI and their
resurgence comparatively across all Sub-Saharan countries to systematically examine the
conditions leading to the current constitutional regulation of TPI. We define constitu-
tional integration as the degree of codified recognition of TPI in a country’s constitu-
tional documents and constitutional resurgence as the increasing degree of constitutional
integration of TPI. We code the most recent and the Sub-Saharan constitutions in 1990
with respect to their provisions on TPI. Our data confirm the resurgence of TPI on a con-
stitutional level. Using a fuzzy-set qualitative comparative analysis (fsQCA), we find
that, particularly in former British colonies, traditional leaders were able to translate the
arrangements of indirect rule as well as the political advantages of a country’s deconcen-
trated settlement patterns into greater constitutional status. Moreover, the latter element
has remained important for traditional leaders to increase constitutional status – implying
a constitutional resurgence of TPI.
The Resurgence of TPI in Contemporary Sub-Saharan
Africa
Literature on Resurgence of TPI
The coexistence of state and TPI in Sub-Saharan Africa’s political arenas has long been
recognized (e.g. Buur and Kyed, 2007; Mamdani, 1996; Mengisteab and Hagg, 2017).
While numerous studies have investigated traditional governance and its role (Holzinger
et al., 2016, provide a comprehensive overview), we briefly hint at some recent examples:
scholars of legal pluralism in Africa have described the different ways states incorporate
customary law in their legal frameworks (e.g. Muriaas, 2009; Ubink, 2008). For Zambia
and Sub-Saharan Africa in general, Baldwin (2013, 2015, 2019) shows the contemporary
roles of TPI, for example, in public goods provision and electoral outcomes. Hariri (2012)
focuses on how strong, proto-state pre-colonial institutions have led to an autocratic leg-
acy in many non-European countries. For a sample of 33 former British colonies, Lange
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