Author: Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 98
Book Description
The Constitution of the Republic of Malawi
Author: Human Rights Under the Malawian Constitution
Author: Danwood Mzikenge ChirwaPublisher: Juta and Company Ltd
ISBN: 9780702186097
Category : Law
Languages : en
Pages : 636
Book Description
In 1994, Malawi adopted an unusually progressive constitution, unprecedented in the country’s history, and this book examines the constitutional provisions and the relevant judgments and legislative measures with a view to constructing a coherent corpus of human rights jurisprudence. The book draws on a wealth of comparative jurisprudence, including that from other African countries, and provides useful insights into the ways in which the Malawian constitution has departed from the English common-law-based system. Analyzing the foundation for the rule of law that has ushered in an era of accelerated development in Malawi, this book ultimately reveals that it is possible for human rights to grow even in underdeveloped countries.
A Democracy of Chameleons
Author: Harri EnglundPublisher: Nordic Africa Institute
ISBN: 9789171064998
Category : History
Languages : en
Pages : 212
Book Description
After thirty years of autocratic rule under "Life President" Kamuzu Banda, Malawians experienced a transition to multi-party democracy in 1994. A new constitution and several democratic institutions promised a new dawn in a country ravaged by poverty and injustice. This book presents original research on the economic, social, political and cultural consequences of the new era. A new generation of scholars, most of them from Malawi, cover virtually every issue causing debate in the New Malawi: poverty and hunger, the plight of civil servants, the role of the judiciary, political intolerance and hate speech, popular music as a form of protest, clergy activism, voluntary associations and ethnic revival, responses to the HIV/AIDS pandemic, and controversies over women's rights. Both chameleon-like leaders and the donors of Malawi's foreign aid come under critical scrutiny for supporting superficial democratization. The book ends with a rare public statement on the New Malawi by Jack Mapanje, Malawi'sinternationally acclaimed writer.
On Reading the Constitution
Author: Laurence H. TRIBEPublisher: Harvard University Press
ISBN: 0674044452
Category : Political Science
Languages : en
Pages : 157
Book Description
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
A Constitution of the People and How to Achieve It
Author: Aarif AbrahamPublisher: BoD – Books on Demand
ISBN: 3838215168
Category : Political Science
Languages : en
Pages : 382
Book Description
Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.
The Constitution in Conflict
Author: Robert A. BurtPublisher: Harvard University Press
ISBN: 9780674165366
Category : Law
Languages : en
Pages : 492
Book Description
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Rationing the Constitution
Author: Andrew CoanPublisher: Harvard University Press
ISBN: 0674986954
Category : Law
Languages : en
Pages : 281
Book Description
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
The Department of Labor's 2001 Findings on the Worst Forms of Child Labor
Author: Against Constitutionalism
Author: Martin LoughlinPublisher: Harvard University Press
ISBN: 0674276558
Category : Law
Languages : en
Pages : 273
Book Description
A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Constitutions of Nations
Author: Amos Jenkins PeasleePublisher: BRILL
ISBN: 9789024716814
Category : Law
Languages : en
Pages : 1164
Book Description
Compilation of texts of the constitutions of Algeria, Botswana, Burundi, Cameroon, the Central African Republic, Chad, Congo, Benin, Egypt, Equatorial Guinea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Cote d'Ivoire, Kenya, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Niger, Nigeria, Rhodesia (Zimbabwe), Rwanda, Senegal, Sierra Leone, Somalia, South Africa R, Sudan, Tanzania, Togo, Tunisia, Uganda, Burkina Faso, Zaire and Zambia. Bibliographys.