- Collection:
- Dean Rusk International Law Center Collections
- Title:
- Judicial Review as a Tool for the Safeguard of Human Rights: Prospects and Problems of the U.S. Model in Malawi
- Creator:
- Banda, Janet Laura
- Date of Original:
- 1997-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
International law - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- dissertations
- Type:
- Text
- Format:
- application/pdf
- Description:
- Judicial review -- Human rights law -- Malawi -- Colonialism -- African Constitutional Law -- Westminster Model of Government -- 1994 Malawi Constitution -- British Colonies -- Customary Land Development Act -- Registered Land Act -- Local Land Boards Act -- President Dr Kamuzu Banda -- Communal Courts -- Communitarian Ideal -- Ifeani Menkiti -- Ali Mazrui -- Judicial Service Commission -- High Court -- Bill of Rights -- Marbury vs. Madison -- William Marbury -- President John Adams -- Federalist Administration -- Judiciary Act of 1789 -- Aristotle -- President Truman -- Adam Clayton Powell -- Roe vs. Wade -- Furman vs. Georgia -- Baker vs. Carr -- Brown vs. Board -- Chief Justice Marshall -- McCulloch vs. Maryland -- Flast vs. Cohen -- Chief Justice Warren -- Justice Frankfurter -- Justice Scalia -- Lujan vs. Defenders of Wildlife -- David Logan -- Ripeness and Mootness -- Poe vs. Ullman -- City of Los Angeles vs. Lyons -- Golden vs. Zwickler -- United States vs. W.T. Grant Company -- Sibrone vs. New York -- Justice Brennan -- Coleman vs. Miller -- Fred Nseula vs. Attorney General and Malawi Congress Party -- Ombudsman -- Attorney General vs. Chipeta -- President Muluzi -- The Malawi Congress Party and others vs. The Attorney General -- Attorney General vs. Jobe -- Comparative and Foreign Law -- Constitutional Law -- Courts -- Human rights law -- Judges -- Jurisprudence -- Law and Politics -- Supreme Court of the United States
Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, similar to the U.S. constitutional system. This paper examines judicial review in the United States and weighs its viability in the new Malawi system. Historical, socio-economic, and political perspectives are considered in this analysis, along with the fact that Malawi has been exposed to almost three decades of executive omnipotence. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/stu_llm/191
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
