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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Implementation of international human rights standards through the national courts in Malawi
Author:Hansen, Thomas TrierISNI
Year:2002
Periodical:Journal of African Law
Volume:46
Issue:1
Pages:31-42
Language:English
Geographic term:Malawi
Subjects:international law
human rights
courts
External link:https://www.jstor.org/stable/4141320
Abstract:This paper discusses the application of international human rights law by the courts in Malawi. The case law discussed is largely that handed down by the Supreme Court and High Court since 1994. The Constitution of Malawi specifically permits courts to make use of international human rights law. However, as a survey of local cases highlights, to date judges in Malawi have shown a reluctance to do so. The paper investigates the reasons for this unsatisfactory position, drawing upon research conducted with both judges and legal practitioners in the country. The first part examines the constitutional position of international law at the municipal level and focuses on the position under the current Constitution of Malawi; the second part discusses the relevance of international human rights law before national courts; the third part then analyses the relevance of such law in the courts; the fourth part considers the reasons for the attitude of the courts to international human rights law. The research demonstrates that lack of training and access to relevant materials and literature are the fundamental reasons why international human rights law is still not playing any important role in the courts of Malawi, despite the constitutional recommendation thereof. Notes, ref., sum. (p. I).
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