Il local government nell’Africa Subsahariana tra costituzionalismo e Traditional law

Local Government in Sub-Saharan Africa between constitutionalism and traditional law

Abstract

African law remains overlooked by academic scholarships for several reasons: african/customary law is often uncodified, and it is often hard to conciliate with constitutionalism and its principles. Colonial settlers often ruled indirectly over most of African communities through the “indirect rule” which was eventually challenged by various authoritarian regimes after the independence. Only after the end of the Cold War traditional law and traditional authorities re-emerged, fostered by decentralisation, since their role is relevant at the local level. This essay aims at exploring the interconnection between decentralisation and traditional law in many African countries, stating that their role is essential for fostering development at the local level as well as that decentralisation brought them back into the light.