African Judicial Review, the Use of Comparative African Jurisprudence, and the Judicialization of Politics
48 Pages Posted: 24 Jan 2020
Date Written: 2017
African Judicial Review, the Use of Comparative African Jurisprudence, and the Judicialization of Politics focuses primarily on judicial review in Africa. This topic is important because many African countries have been experimenting with judicial review in the spirt of Marbury v. Madison since the 1990s with limited success. Most African countries are countries with constitutions but without constitutionalism. The article grapples with the problem of how to make judicial review and constitutionalism more effective in impacting the political process in Africa. In order to have a more effective judicialization process in Africa, this article proposes that one step in that direction is for African courts of judicial review to engage more in what this article calls trans-African jurisprudential comparative judicial review. To this end, the article presents the arguments for giving emphasis to trans-African comparative judicial review and examines best practices in African judicial review as well as cases where there is need for improvement.
Keywords: Africa, Judicial Review, Comparative Law, Constitutional Law, Courts
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