On Transplant And Affect Of Western Constitutionalism In Africa In Colonial Period

Experienced over half of century development and evolution, most African countries have established a complete constitutional system.Tracing to its source, this system began in colonial period,originated from Western constitutionalism transplantation,developed and perfected in the war and compromise between Western with Africa countries,and presented the path characteristic that western external impact primarily,Africa dynamic response secondary,so that the created Africa constitutional in form and content can be termed replica of the Western mode, Western colonial rule and constitutional transplantation is an important factor in Africa constitutional history.Given the system's intuitive and surface layer,combined with the colonial policy arrangement, Western constitutional transplantation responsed in Africa ,mainly in the system level, and specifically with the period of colonial policy showed the establishment, development and adjust feature in a war ,between the two wars and since Word War Two to 1960 Africa independence phase, divided into early colonial transplant, mid-term colonial comprehensive transplant and independent pre-colonial depth transplant three stages.In colonial early time, Western colonizer changed military conquest to civil administration, established early colonial policy one after another in Africa, England and France "the indirect rule" and "the idirect rule" is each colonial empire management system's typical representative,the West legal regime in plasters colonial behaviour under the policy leader,corresponding through "indirect" or "direct" transplant way inputs to various colonies, then opened the African constitution activity, opened the African constitutional created, facilitated the African constitutional early budding.In colonial intermediate stage, along with the colonial policy raised to theory,"the direct rule"indirect,"the indirect rule" universaizationl,Western constitutional transplantation indirect unification, increasingly breakthrough the early narrow colonial scope, comprehensive introducing constitutional to African,while the African national consciousness started waken under the influence of Western political life, started to force the colonizer to absorb them participate the political life,two factors effect, African countries completed Western constitutional created. In the independence eve, African irresistible political situation forced the colonizer to adjust the policy to "the non-colonization",through carried out a series of constitutional reform, for the colony design the constitutional frame, thorough transplant the Western constitutional, African countries with Western countries struggled and compromised in independence process, gradually developed and perfected called the Western reprint constitutional,but the colonizer created the independence way for the colony,also caused its constitutional transplant extension to affect the African constitutional development.Generally speaking, the Western constitutional transplant both has brought the modern constitutional system, and left newly colonized system to Africa,its artificial compulsion transplant and African blind copy caused it enjoy the bitter fruit, therefore, abandon the mechanically copy, explore country type constitutional system,is a outlet of Africa society's develop and progress,and also a valuable experience which in various countries constitutional exploration.