Journal of Democracy, Vol. 10, No. 3, July 1999
15 Pages Posted: 8 Jan 2009
Date Written: 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.
Keywords: judicial review, comparative constitutionalism, Africa democracy, courts
JEL Classification: N40, N47
Suggested Citation: Suggested Citation
Prempeh, H. Kwasi, A New Jurisprudence for Africa (July 1999). Journal of Democracy, Vol. 10, No. 3, July 1999. Available at SSRN: https://ssrn.com/abstract=1324005