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In 1994, Malawi adopted an unusually progressive constitution, unprecedented in the country’s history, and this book examines the constitutional provisions and the relevant judgments and legislative measures with a view to constructing a coherent corpus of human rights jurisprudence. The book draws on a wealth of comparative jurisprudence, including that from other African countries, and provides useful insights into the ways in which the Malawian constitution has departed from the English common-law-based system. Analyzing the foundation for the rule of law that has ushered in an era of accelerated development in Malawi, this book ultimately reveals that it is possible for human rights to grow even in underdeveloped countries.
The Protection of Economic, Social and Cultural Rights in Africa critiques the three main models of constitutionally protecting economic, social and cultural rights in Africa - direct, indirect and hybrid models. It examines the choices that states have made, how the models have worked, whether they have been tested in litigation and the jurisprudence that has arisen. The book analyses the protection of the economic, social and cultural rights in a range of African countries: Angola, Cameroon, Ethiopia, Ghana, Kenya, Mozambique, Nigeria, Senegal, South Africa and Uganda. Leading legal academics explore how these rights feature at the regional and sub-regional levels, as well as the link between domestic and international mechanisms of enforcement.
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
This book brings together a number of leading experts in the fields of public law, political science and democratization studies to identify ways of making African governments accountable and describe the extent to which these mechanisms work in practice. It presents new knowledge about legal and political developments in a number of African countries, relevant to the policy goal of developing and deepening democratic governance and accountable government on the continent. This book will be of interest to academics, students and practitioners in the fields of public law, public administration, political studies and African studies.
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.
This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.
In the early 1990s, a wave of democratisation swept the African continents, resulting in a flurry of constitution-making and constitutional revision. Two decades later, leading experts in the fields of public law, political sciemnce and democratisation studies assess to what extent accountable governance has takenroot in Africa. this book represesents new knowldge about legal and political developments in a number of African countries - Ghana, Malawi, Mali, South Africa, Tanzania, Uganda and Zambia, with further references to Mozambique, Kenya and Swaziland - bringing the policy goal of developing and deepening democratic governance and accountable government on the continent up to date.
Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.
Considering that natural resources or green capital are the drivers of globalisation, this book focuses on the link between investment, trade and natural resource management in the context of the growing economic inequalities between states.