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Constitutional Adjudication in Africa edited by Fombad, Charles M (31st August 2017)

Part 4 Constitutional Adjudication and Promotion of Constitutionalism, 11 ‘Made in Courts’ Democracies? Constitutional Adjudication and Politics in African Constitutionalism

Sègnonna Horace Adjolohoun

From: Constitutional Adjudication in Africa

Edited By: Charles M Fombad

Paraphrasing Alexis de Tocqueville, Hirschl holds that: ‘[t]here is now hardly any public policy dilemma or political disagreement in the world of “new constitutionalism” that does not sooner or later become a judicial one’. 1 Such a view probably best epitomizes a worldwide agreement on the omnipresence and activism of courts in constitutional democracies. 2 Commentators have correctly referred to the ‘rise of constitutional courts’, which was concomitant with the advent of new constitutionalism and the proliferation of the American model of judicial review...
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