Constitutional Models of the Principle of Social Justice in African Countries: Comparative Legal Analysis

Abstract

Based on the comparative legal analysis of the constitutions of African states, the article analyzes the constitutional models of the principle of social justice. The genesis of the Western legal understanding of the principle of social justice, the peculiarities of its reflection in the African legal culture are considered.Highlighting the Western tradition of the legal understanding of social justice, proceeding from the views of Plato and Aristotle, the author notes that its essence consists in the fair distribution of social benefits based on the achievement of equality. Modern Western legal understanding complements the ancient Greek tradition by considering the conditionality of the principle of social justice by economic and political systems, property relations, social rights and freedoms.Comparative legal analysis of the constitutions of African states allows the author, on the one hand, to discover similarities in the regulation of the principle of social justice, including under the influence of Western tradition, on the other hand, to see that the constitutions of these countries objectively differ in the degree and nature of taking into account national approaches. In this context, the general and special factors of the national identity of African states that influence the choice of a constitutional model of social justice are highlighted.The article highlights at least four constitutional models of the principle of social justice on the African continent: liberal-democratic, of socialist orientation, autocratic and hybrid. The autocratic model and especially the hybrid one reflect national identity to a greater extent. At the same time, the number of states with a hybrid model is growing steadily. The article provides a detailed analysis of the constitutional models of the principle of social justice on the example of individual African states, examines the features of the constitutional consolidation of social goals and values, the regulation of social rights and relations on the distribution of income from national wealth.It is concluded that the classification of constitutional models of the principle of social justice into four groups is gradually losing its relevance. In the future, a hybrid model will be inherent for all African States. The trend of hybridization has clearly emerged at the present time in the practice of constitutional development of African States.

Keywords

• principle of social justice
• western legal understanding
• constitutional models
• liberal democratic model
• model of socialist orientation
• autocratic model
• hybrid model
• african countries
• national identity
• social goals and values
• social rights