Constitutional Mimicry and Common Law Reform in a Rights-Based Post-Colonial Setting
The Case of South Africa and Malawi
Bibliographic Data
| ID | 16766894 |
|---|---|
| Authors | Sibo Banda (National University of Ireland, Maynooth, corresponding author) |
| Year | 2009 |
| Volume | 53 |
| Issue | 1 |
| Pages | 142-170 |
| Publication date | 2009-04-01 |
| 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/s0021855309000060 |
| OpenAlex | W2136978910 |
| Language | EN |
| References cited | 17 |
Competent courts in Malawi must, as courts have done in South Africa, undertake a radical path in order to enhance the common law position of distinct categories of persons. This article discusses judicial appreciation of the common law-changing function of a bill of rights and its associated values, and judicial understanding as to when such a function may be brought into play. The article examines approaches taken by courts in South Africa in determining the circumstances in which the South African Bill of Rights applies to private relationships, when private parties owe each other duties arising out of the Bill of Rights and the scope of a court's authority to amend the common law in that regard. The article projects the debate, analysis and critique of these approaches onto the Malawian legal landscape through a discussion of the tenant worker contracted on the Malawi private estate
Colonialism · Common law · Economics · Estate · Order (exchange) · Political science · Position (finance) · Scope (computer science) · Comparative and International Law Studies · Conflict of Laws and Jurisdiction · Law · Legal Issues in South Africa
The morality of law
Recent Labour Law Reforms in Malawi
A Full Loaf Is Better Than Half
Human Dignity as a Normative Concept
Law, Development and African Scholarship
Progressive Indirect Horizontal Application of the Bill of Rights
Exclusivity of Ownership, Security of Tenure and Eviction Orders
Post-Matrix Legal Reasoning
The Impact of the Extension of Security of Tenure Act on an Owner's Right to Vindicate Immovable Property
Making Law Work
| Highly cited | No |
|---|