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Constitutional identity, bijuralism and the establishment of the common law division in the Supreme Court of Cameroon

Enonchong, Laura-Stella

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Abstract

This article discusses the establishment of the Common Law Division (CLD) of the Supreme Court in the context of the Anglophone Crisis in Cameroon. It argues that the problem of the common law’s unequal status in Cameroon’s bijural legal system is compounded by the feeble constitutional affirmation of bijuralism as a constitutional identity. That has a concomitant effect on the way that the common law is represented within the Supreme Court and the CLD in particular. To explore that argument, the article offers an original analysis of bijuralism as a constitutional identity constructed from the legal, political and historical evolution of bijuralism in Cameroon. It is further contended that the establishment of the CLD was a missed opportunity to address the parity of the two legal traditions. Ultimately, the article suggests that the door to further reforms is not closed. In particular, the introduction of constitutional amendments to unequivocally affirm bijuralism as a constitutional identity and to reassert the parity of the two legal traditions.

Citation

Enonchong, L.-S. (2025). Constitutional identity, bijuralism and the establishment of the common law division in the Supreme Court of Cameroon. Legal pluralism and critical social analysis, 57(1), 26-50. https://doi.org/10.1080/27706869.2025.2465134

Journal Article Type Article
Acceptance Date Feb 4, 2025
Online Publication Date Feb 14, 2025
Publication Date Jan 2, 2025
Deposit Date Feb 17, 2025
Publicly Available Date Feb 17, 2025
Print ISSN 2770-6869
Publisher Taylor and Francis
Peer Reviewed Peer Reviewed
Volume 57
Issue 1
Pages 26-50
DOI https://doi.org/10.1080/27706869.2025.2465134
Keywords Cameroon anglophone crisis, bijuralism, common law division, constitutional identity, Supreme Court of Cameroon
Publisher URL https://www.tandfonline.com/doi/full/10.1080/27706869.2025.2465134

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