Lucio Pegoraro

Mama Africa. The Manden Charter, i.e., the Origins of Modern Constitutionalism (and Its Oblivion in Western Constitutionalism)

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Abstract

The article briefly analyses the “Manden Charterµ, entered into force in Mali in the 13th century (the same period of the Magna Charta). Going beyond the Eurocentric approach in constitutional studies, the analysis highlights the extraordinary modernity and the “true constitutional featureµ of the Charter, which organically addressed contemporary crucial topics within state-building processes: “form of governmentµ and the “form of stateµ, organization of society and power, individual, social, “third generation rightsµ, community duties, international relations, respect for tradition and the nature. The essay develops against the background provided by the “forms of stateµ theory, and acknowledges the contents of the “Manden Charterµ as a prototype of the contemporary Caring State, which combines respect for the individual, obligations to the community, active participation of all (youth, women, disadvantaged people), nature – as actors and not as objects to be exploited.

Keywords

  • comparative law
  • constitutions
  • forms of Stateµ
  • Africa
  • Manden Charter

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