Traditional authority and bargaining for legitimacy in dual legitimacy systems

This paper investigates the quest for legitimacy conducted by hereditary, traditional leaders in dual legitimacy systems. We theorise that traditional leaders engage in meta-constitutional bargaining, i.e. bargaining among constitutionally and traditionally defined actors within the meta-constitutional space. This process resembles constitutional bargaining in federations over the institutional balance between the members and centre, and among members. We thus propose a parallel between the theory of federal bargaining, on the one hand, and, on the other, the process of institutional balancing between agents in constitutional and traditional authority structures in dual legitimacy systems. Evidence from narratives of institutional balancing between constitutional and traditional authorities in Southern Africa suggests that actors' strategies in dual legitimacy systems accord with the framework here. The narratives also disclose that both constitutional and traditional authorities rely on the state's courts for adjudication. The paper enriches social science scholarship on traditional authority, political economy and federalism.