Great Zimbabwe University

History and Development Studies Department

Module: hdvs 401 Constitutionalism and development

Course: B A Honours in Development Studies

Lecturer: Davidson Mabweazara mugodzwa
TOPIC: constitutionalism CAN ENHANCE OR HINDER
DEVELOPMENT?
Constitutionalism promotes democracy, peace, participation, transparency, rule of law
responsiveness and accountability. However, constitutionalism in many developing states are
theoretic than practical. The thrust of this essay is to highlight the extent to which
constitutionalism is a guiding tool, which enhance national development. Constitutionalism is the
complex of ideas, attitudes and patterns of behaviour which elaborate the principles that the
authority of government derives from. It is ruling the people well within the tenets of the
Constitution and other enabling legislations.

Constitutionalism is a key in promoting Good governance and development due to the fact that it
ensures accountability. Accountability is crucial in bringing transparency and responsiveness to
policy makers. Doig (1998) states that Accountability gives an audit on how resources are
managed and feedback is necessary de jure and de facto. This can be seen by the constitution of
Zimbabwe which regulates the Mid-Year Monetary Review Statement to be read by the Reserve
Bank governor. This builds confidence and prevents the existence of corruption both among the
citizens and policy makers. As a result it can be seen that it is plausible to argue that
constitutionalism is key in bringing good governance and national development.

In addition, there is promoting of participation in constitutionalism which brings about good

governance and national development. The quality of democracy and good governance is a
function of the depth of the citizen’s participation. The citizens must be provided with easy
access to make inputs into the policies and law making process of the government. Goody (1994)
postulates in the wordings of the Constitution, sovereignty belongs to the people and that the
participation by the people in their government is to be ensured. The involvement of indigenous

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citizens easily promotes the upholding of human rights. For example during the golden age of
Zimbabwe 1980 to 1989 through its adopted Lancaster House Agreement constitutionalism
promoted national development because there was promotion of free education to all from
primary to secondary which boost literacy rate and Zimbabwe is among the top rated literacy
rate, free health care services which reduced mortality rate. The same story is told in Ghana
during the reign of Nkwame Khruma from 1961 to 1966 as development was at its climax during
this period. One can therefore allude that constitutionalism enhance development.

In constitutionalism there is transparency, which allows the free flow of information and
openness to citizens reducing the chances of corruption. People are involved in passing of the
constitution this means there is community involvement. In the case of Ethiopian were the
democratic rule allowed the right to vote, the Ethiopian masses voted out the productive leader in
favour of Mengistu the 2nd who brought in favourable policies which brought in the development
of Ethiopian. (Olowu (1999). If people agree with the constitution prevents violence and
promotes peace and tranquillity reign in the nation. Policies which are beneficial and in the
interest of locals can therefore be implemented in local communities. It can be noted with
transparency there is enlightenment on government policy and this brings unity of interest
between the policy makers and the people.

Moreover, constitutionalism enhances development through decentralisation of power.

Separation of powers allows proper management of resources and helps respond to the plight of
the citizens Frimpong (2001) asserts that separation of power guarantee good governance and
development as it prevents power to be concentrated in one arms. This can be seen in the 1999
constitution of Nigeria which stated that all authority should be decentralised from the executive
to the traditional leaders and local authorities who have access to the citizens. As a result there is
service delivery to citizens as some policy makers who are politicians fear losing their
popularity, as a result enhance development.

In addition, constitutionalism promotes development through rule of law. The supremacy of the
constitution of the Federal Republic of Nigeria provided that “this Constitution is supreme and
its provisions shall have binding force on all authorities and persons throughout the Federal
Republic of Nigeria. If any Law is inconsistent with the provisions of the Constitution, this
Constitution shall prevail, and that law shall inconsistently be void. If everyone is below the law

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it means that there is ground for equality this prevent the ruling elite to corruption. For instance
in Nigeria if an official violates the law there are various corruption charges filed by Code of
Conduct Bureau in various courts/tribunals against former State Governors and political officer
holders testify to the fact that corruption is a serious threat to good governance in Nigeria. Thus
rule of law enables development of the nation.

However, constitutionalism in most of the developing countries is seen in theory than practical.
In authoritarian regimes, good government is not seen but elements of development are seen.
This means in dictatorial regimes with bad governance development still exists. For example
Maumar Gadhafi of Lybia was a dictator but he made use of oil gains to provide shelter, free
health and free education. The lack of constitutionalism has largely created under development in
Africa through nepotism. This is evidenced in the most African countries who gained their
independence from the British, the French etc. According to Nzongola, N. J. (1984), the
nationalists that took over the mantle of leadership from the colonialist were not only interested
in replacing European in leading positions of power and privileges but they also created
opportunities for themselves and their cronies that enable them to plunder the economy and make
sure that existing opportunities and benefits in the state were reserved for themselves and people
from their ethnic groups that are fortunate to hold key positions that have also been found vacant
in this regard. According to the “western Nigeria white paper of 1964, an easterner (Dr Ikejiani)
who was the chairman of the Nigeria railway corporation was responsible for the fact that, of the
431 senior posts, 270 were manned by Ibos, Bamisaye, A. (1976). Therefore lack of
constitutionalism leads to underdevelopment since most of the people who occupy important
positions lack knowledge and skills of doing that work.

Furthermore, favouritism also caused underdevelopment in many developing countries. This is

evidenced by the case of Nigeria which was reported that Chief Obafemi Awolowo, used his
closeness to general Yakubu Gowon the then Nigerian Head of State between 1967-1976 to
further advance the educational, economic, industrial and bureaucratic interest of the Yoruba
people, this is according to Adesina, O. C. (1998). As these leaders created opportunities and
benefits for themselves and members of their ethnic groups, other ethnic groups that were not so
placed or that were not represented in the scheme of things felt alienated from the State and

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consequently the State becomes an arena of ethnic conflict. Therefore, underdevelopment will be
the order of the day since conflicts and tensions are associated with lack of constitutionalism.

Constitutionalism is fundamental to good governance and national development because it

promotes, transparency, peace, participation, democracy, decentralisation of power and
accountability. This result in development in education, infrastructural development, health to
mention but a few. However, it can be argued that constitutionalism is seen in theory not in
practical.

REFERENCES

Alan Doig and Stephen Riley, “Corruption and Anti-Corruption Strategies: Issues
and Case Studies from Developing Countries” in Integrity Improvement Initiatives in
Developing Countries (New York, United Nations Development Programme, 1998),
chap. 3.
Bamidele Olowu, “Combating corruption and economic crime in Africa: an evaluation
of the Botswana Directorate of Corruption and Economic Crime”, International
Journal of Public Sector Management, vol. 12, No. 7 (December 1999), pp. 604–614.
(This paper was presented at the 9th International Anti-Corruption Conference, Durban,
South Africa, 9–15 October 1999.)

Charles D. Adwan and Mina Zapatero, “Cutting through red tape in Lebanon”, Global
Corruption Report 2003 (Transparency International),

Charles Adwan, “Corruption in reconstruction: the cost of ‘national consensuses in

Post-war Lebanon,” in Corruption in Post-War Reconstruction: Confronting the Vicious
Circle (Lebanese Transparency Association, Tiri and UNDP, 2005), available at:
http://www.transparency-lebanon.Org.

Charles Manga Fombad, “Curbing corruption in Africa: some lessons from Botswana’s
Experience”, International Social Science Journal, vol. 51, No. 160, June 1999, pp.
.
Kwame Frimpong, “National Integrity Systems; Country Study Report, Botswana,

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2001” (Transparency International).

Kenneth Good, “Corruption and mismanagement in Botswana: a best-case example?”,

The Journal of Modern African Studies, vol. 32, No. 3

“The impact of corruption on the human rights based approach to development,”

UNDP, Oslo Governance Center, The Democratic Governance Fellowship Programme,
September 2004.