A new jurisprudence for Africa

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 No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,360
External links
  •   Try with proxy.
  • Through your library Only published papers are available at libraries
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

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

    Monthly downloads

    Added to index

    2009-02-06

    Total downloads

    6 ( #162,910 of 1,088,905 )

    Recent downloads (6 months)

    1 ( #69,735 of 1,088,905 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.