The 1995 Democratic Constitution of Malawi
Bibliographic Data
| ID | 16767628 |
|---|---|
| Authors | A Peter Mutharika (corresponding author) |
| Year | 1996 |
| Volume | 40 |
| Issue | 2 |
| Pages | 205-220 |
| Publication date | 1996-01-01 |
| Peer Reviewed | Yes |
| 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/s0021855300007774 |
| OpenAlex | W2129507406 |
| Language | EN |
| Citations received | 2 |
| References cited | 5 |
On 17 May, 1995, the Malawi National Assembly adopted a democratic constitution. In terms of Malawi’s post-colonial history, the adoption of the constitution was an unprecedented event. For a period of 30 years, Malawi had been subjected to a one-party dictatorship led by Dr Hastings Banda. Supported over the years by the West because of its anti-communist rhetoric, the Banda regime found itself abandoned with the ending of the Cold War and the collapse of apartheid in South Africa. Pressure from internal and external groups led to a referendum on the oneparty state in June 1993 which the Banda regime lost and to the first multi-party elections in May 1994 which the regime also lost. A day before the 1994 elections, the Malawi National Assembly adopted a Provisional Constitution for a period of 12 months. Pursuant to section 212 of the Provisional Constitution, the National Constitutional Conference was held in February 1995 for the purpose of making recommendations to the National Assembly on a permanent constitution. Rather than replace or repeal the Provisional Constitution, the National Assembly decided in April 1995 to make modest amendments to it in order to address some of the more blatant deficiencies that were identified at the Constitutional Conference. During the coming years, the Law Commission will make a detailed study of the entire document, make recommendations to the Minister of Justice and, it is hoped, address some of the obvious drafting oversights
Constitution · Democracy · Dictatorship · Political science · Politics · Referendum · Repeal · Bangladesh Politics, Society, and Development · Law · Legal Issues in South Africa · Minority Rights and Languages
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,25 |
| Citation span | 2018 - 2019 (2) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |