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A New Jurisprudence for Africa

Journal of Democracy, Vol. 10, No. 3, July 1999

15 Pages Posted: 8 Jan 2009  

H. Kwasi Prempeh

Seton Hall University School of Law

Date Written: July 1999

Abstract

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

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

H. Kwasi Prempeh (Contact Author)

Seton Hall University School of Law ( email )

One Newark Center
Newark, NJ 07102
United States

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