Liberating Malawi's Administrative Justice Jurisprudence from Its Common Law Shackles
Bibliographic Data
| ID | 16766751 |
|---|---|
| Authors | Danwood Mzikenge Chirwa (0000-0002-4199-9530, corresponding author) |
| Year | 2011 |
| Volume | 55 |
| Issue | 1 |
| Pages | 105-127 |
| Publication date | 2011-04-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855311000052 |
| OpenAlex | W2043581276 |
| Language | EN |
| Citations received | 1 |
| References cited | 2 |
The 1994 Malawian Constitution is unique in that it, among other things, 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
Administrative law · Common law · Comparative law · Constitution · Constitutional law · Economic Justice · Jurisprudence · Political science · Public law · Comparative and International Law Studies · Judicial and Constitutional Studies · Law · Legal Issues in South Africa
| Citations per year | 0.08 |
|---|---|
| Citation span | 2013 - 2013 (1) |
| Highly cited | No |