Mont Fleur Conversations on Constitutionalism

In December 2022, 19 constitutional law scholars gathered at Mont Fleur, a secluded conference venue nestled high against the Stellenbosch mountains, to discuss matters pertinent to constitutionalism and federalism. Unlike most conferences, the aim was not to follow the usual format of presenting papers followed by a Q&A, but to engage in conversations and ‘blue-sky’ thinking on the fundamentals of constitutionalism.

The participants all have a deep interest in the liberal concept of constitutionalism and its cousins – federalism and decentralisation. The aim of the conversations was to reflect on whether the orthodoxy in these fields is still (or has ever been) fit for purpose. In theory and practice, the concepts above have come under pressure and their validity, questioned. The conversations were an opportunity to do some blue-sky thinking on key issues that affect our work, as well as reflect on our concerns as political actors and individuals. This publication As no formal papers were to be delivered, the usual format of a volume of peer-reviewed conference papers was not envisaged. The written text prepared before and after the conference – the concept note, lead-in pieces, comments, and fireside stories – should not, however, be left unpublished. They contain analyses of complex issues conducted with clarity and erudition, some blue sky-thinking, and illuminating stories linking the scholar with constitutionalism. Unfortunately, the discussions - the nub of the event – could not be included in this publication due to technical difficulties in transcribing the discussions. This is hence an informal publication intended to document the event, with the focus both on conversations as a mode of academic discourse and on the key inputs that were made in regard to constitutionalism and federalism.

This booklet was published by the Dullah Omar Institute of Constitutional Law, Governance and Human Rights, University of the Western Cape, and can be accessed here.