A New Jurisprudence for Africa
H. Kwasi Prempeh
Seton Hall University School of Law
Journal of Democracy, Vol. 10, No. 3, July 1999
In this essay, the author argues that, despite the adoption of new rights-friendly constitutions in Africa's emerging democracies, an old "jurisprudence of executive supremacy," fashioned during the era of authoritarianism (colonial and postcolonial) and characterized by a high degree of deference to state (executive) power and a general skepticism about individual rights, remains highly influential within Africa's common-law judiciaries. There is thus a danger that judicial review and constitutional interpretation would retard, instead of facilitate, progress towards constitutional liberalism in Africa's new democracies.
Number of Pages in PDF File: 15
Keywords: judicial review, comparative constitutionalism, Africa democracy, courts
JEL Classification: N40, N47Accepted Paper Series
Date posted: January 8, 2009
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