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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Liberating Malawi's administrative justice jurisprudence from its common law shackles
Author:Chirwa, Danwood MzikengeISNI
Year:2011
Periodical:Journal of African Law (ISSN 0021-8553)
Volume:55
Issue:1
Pages:105-127
Language:English
Geographic term:Malawi
Subjects:administrative law
judicial review of legislation
constitutions
1994
Abstract:The 1994 Malawian Constitution is unique in that it recognizes administrative justice as a fundamental right and articulates the notion of constitutional supremacy. This right and the idea of constitutional supremacy have important implications for Malawi's administrative law, which was hitherto based on the common law inherited from Britain. This article highlights the difficulties that Malawian courts have faced in reconciling the right to administrative justice as protected under the new constitution with the common law. In doing so, it offers some insights into what the constitutionalization of administrative justice means for Malawian administrative law. It is argued that the constitution has altered the basis and grounds for judicial review so fundamentally that the Malawian legal system's marriage to the English common law can be regarded as having irretrievably broken down as far as administrative law is concerned. Notes, ref., sum. [Journal abstract]
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