Jurisdemocracy: An approach to constitutionalism in the postcolony

Abstract Written constitutions in Africa set out what may be called “jurisdemocracy,” a third way between the two hitherto dominant constitutional paradigms: legal constitutionalism and political constitutionalism. A thorough examination of the role of written constitutions, their normative commitments, interpretive approaches, institutional frameworks, and rules of constitutional change reveals that they offer a new alternative for constitutionalism. By building on, and simultaneously diverging from, legal and political constitutionalism, jurisdemocracy reanimates key constitutional concepts such as democracy, liberalism, constitutional supremacy, separation of powers, and constitutional rights, making standard constitutional theories unsuitable in Africa. This article shows how jurisdemocracy better encapsulates the phenomenological reality of written constitutions and provides more effective normative and institutional resources than either legal or political constitutionalism for their implementation.