Autochthonous Constitutions

Autochthonous Constitutions

In relation to the autochthonous constitutions and constitutional law, Peter C Oliver[1] made the following observation: 'Autochthony' refers to the fact that a constitution is, legally speaking, 'home grown' or rooted in native soil. By this it is meant that the constitution owes its validity and authority to local legal factors, rather than to the fact of enactment by a foreign legal process (Wheare 89). Autochthony was especially important to countries which achieved independence from the former British Empire (colonization; decolonization). As originally set out by KC Wheare, constitutional autochthony required that there be no legal continuity between the formerly (…)

Resources

Notes and References

1. Max Planck Encyclopedia of Comparative Constitutional Law, Peter C Oliver, “Autochthonous Constitutions” (2018, Germany, United Kingdom)

See Also

• Constitutional interpretation
• Constitutional Form
• Constitutional Substance
• Constitutional Principles
• Constitutional Objectives
• Types of constitutions