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Without denying the importance of this, I believe that it is also necessary to pay equal attention to its social, political and cultural dimensions. Patriarchal, class and racially segregated societies define, shape and constrain men and women, people of different classes and ethnic groups differently. A clear example of this is President Mugabe in today's Zimbabwe, where the law as it exists prohibits intimidation and protects property, and yet the Government has been able to engage in land seizures. 162 Thomas Paine defined a constitution as "not the act of a Government, but of a people constituting a Government; and Government without a Constitution is power without a right." 163 A constitution is a thing antecedent to a government, and a government is only the creature of a constitution.

Pages: 327

Publisher: Purdue University Press (August 1, 2002)

ISBN: 9036197902

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