Culture and the Rule of Law: Cautions for Constitution-making
Constitution-making in developing and post-conflict countries is a growth industry throughout the world. A country needing a new constitution will necessarily feel pressure to adopt, to "import," constitutional texts and principles from other, perhaps more developed nations, knowing that (1) such concepts have been tried and proven in other successful nations, and (2) they meet internationally-recognized minimum standards.
A constitution, however, is, and must be, both a product of and a reaction to the society’s culture, and that includes its legal tradition, its history, and its ideology. Unless constitutions are drafted in cultural context, the best intentions are likely to do more harm than good. Constitutional reform must, therefore, look beyond foreign models and "international best practices." If it is to function effectively to establish and maintain the Rule of Law in a given society, the new constitution must be drawn up with specific reference to local culture. Indeed, the Rule of Law is not so much a product of a society's constitution, as of its culture and the expectations that flow from its legal tradition.
David Pimentel, Culture and the Rule of Law: Cautions for Constitution-making, ___ Fordham Int'l L. J. Online ___ (2013)