Fayose and The Grundnorm...a brief comment.

Re: the Fayose case: There is an argument that the current constitution imposed by military decree in 1999 is the grundnorm. 

I choose to throw in a problematique and argue in the following paragraphs below.

I start with a definition of the concept - Grundnorm being a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher. he used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. 

Some may argue that our constitution was imposed by decree and not freely agreed by 'We the people', therefore cannot be said to denote the basic norm or normalcy, order or rule that forms an, being one of many, basis for our legal system...The position of it being the grundnorm is therefore I suggest contestable and I mischievously extend the principle from the paper below to question it.

Christopher May argues in his paper, 'The Rule of Law as the Grundnorm of the New Constitutionalism': ''....is undermined by the actual imposition of a westernised rule of law that seeks to structure societies to enhance and facilitate the plunder of the local resources. This imposition undermines the real‟ (localised and organic) rule enjoyed by ...'' 

http://www.academia.edu/1949431/The_Rule_of_Law_as_the_Grundnorm_of_the_New_Constitutionalism