Constitutions and the Dialectics of Human Rights in Malawi and Kenya
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A01=Eunice N. Sahle
African democracy
African legal history
Author_Eunice N. Sahle
Category=JP
Category=JPHC
Category=JPVH
constitutional frameworks
constitutionalism
Constitutions
democracy
dialectics of human rights
eq_bestseller
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
eq_non-fiction
eq_society-politics
forthcoming
human rights
human rights commissions
human rights enforcement
human rights in Africa
human rights promotion
Kenya
Kenyan constitution
Kenyan democracy
Kenyan legal history
Kenyan political agency
law commissions
legalism
Malawi
Malawian constitution
Malawian democracy
Malawian legal history
Malawian political agency
obmudspersons
ombudsmen
opportunity structures
political agency
political opportunity structures
South Africa
Tanzania
transformative constitutionalism
within-case analysis
Product details
- ISBN 9780299356705
- Dimensions: 152 x 229mm
- Publication Date: 14 Jul 2026
- Publisher: University of Wisconsin Press
- Publication City/Country: US
- Product Form: Hardback
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Like in other parts of the world, the protection of human rights and other practices of constitutionalism remains uneven in Malawi and Kenya. However, as Eunice N. Sahle argues in this book, from a comparative historical perspective, these countries’ adoption of new transformative constitutional frameworks in 1994 and 2010, respectively, provided significant openings for the promotion of human rights. Nonetheless, the emergence of such opportunities does not mean that the protection of human rights is automatic. As such, Sahle’s argument zeroes in on the tension between the possibilities of human rights promotion on the one hand, and the historical and contemporary factors influencing that process on the other. In that regard, her analysis shows the importance and limits of transformative constitutions as tools for social change. Further, by focusing on the promotion of human rights by a diverse range of social actors—individuals, civil society organizations, and public institutions—she demonstrates the need to broaden who “counts” as an agent of human rights against a strictly state-centric approach.
Eunice N. Sahle is an associate professor with a joint appointment in the Department of African, African American, and Diaspora Studies and the Curriculum in Global Studies at the University of North Carolina at Chapel Hill. She has published widely, particularly in the areas of human rights, the political economy of development, global governance, constitutionalism, and transitional justice. She is the author or editor of several books, including Globalization and Socio-Cultural Processes in Contemporary Africa; Democracy, Constitutionalism, and Politics in Africa: Historical Contexts, Developments, and Dilemmas; and Human Rights in Africa: Contemporary Debates and Struggles.
