A new jurisprudence for Africa

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.
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Thaddeus Metz (2004). Justice and the Law. In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Juta 382-411.

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