Philanthropic Constitutionalism in the Global South: Reimagining Bandung through Indonesia and South Africa’s Constitutional Experiences

Abstract

The Bandung Principles have long been examined as a milestone in postcolonial diplomacy, yet they remain under-theorized within contemporary constitutional scholarship. Existing literature predominantly situates Bandung within international relations or anti-colonial legal critique, leaving unexplored its potential transformation into an enforceable constitutional paradigm of solidarity in the Global South. This article aims to reconceptualize the Bandung Principles through the framework of philanthropic constitutionalism by comparatively analyzing the constitutional experiences of Indonesia and South Africa. Employing a normative-comparative constitutional methodology grounded in doctrinal analysis and philosophical reconstruction, the study examines constitutional texts, jurisprudence, and foundational values in both jurisdictions. The analysis demonstrates that Indonesia embodies a philosophically rich yet institutionally moderated model of solidarity rooted in Pancasila and social justice, whereas South Africa institutionalizes solidarity through transformative constitutionalism, socio-economic rights enforcement, and the jurisprudential articulation of ubuntu. By synthesizing these trajectories, the article advances philanthropic constitutionalism as a novel Global South paradigm that constitutionalizes solidarity as a binding principle of governance rather than a diplomatic aspiration. This reconstruction reinterprets sovereign equality not as defensive insulation but as the foundation for self-imposed constitutional responsibility, thereby contributing a justice-oriented and postcolonial corrective to dominant global constitutional discourse.