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A New Jurisprudence for Africa

H. Kwasi Prempeh

Seton Hall University School of Law

July 1999

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, N47

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Date posted: January 8, 2009  

Suggested Citation

Prempeh, H. Kwasi, A New Jurisprudence for Africa (July 1999). Journal of Democracy, Vol. 10, No. 3, July 1999. Available at SSRN: http://ssrn.com/abstract=1324005

Contact Information

H. Kwasi Prempeh (Contact Author)
Seton Hall University School of Law ( email )
One Newark Center
Newark, NJ 07102
United States
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