Human Rights Under the Malaian Constitution [Paperback]

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.

Makes a significant contribution to African constitutional law. The author has engaged in a careful and systematic treatment of all of the clauses contained in Malawi’s Bill of Rights, as well as the jurisprudence which has been developed by its courts over the past 16 years. . . . Accordingly, this is a work which anyone who wishes to engage in African constitutional law in general and Malawian law in particular will be required to use as a major source of reference.   —Dennis Davis, judge, High Court of South Africa

Fills a gap in the literature of human rights in the region with its excellent examination of the Malawian provisions. It is well written and will appeal to a wider readership than Malawi.   —Boyce Wanda, law professor, University of Fort Hare

Danwood Mzikenge Chirwa, PhDis an associate professor and the head of the public law department at the University of Cape Town. He is also the founder and editor in chief of theMalawi Law Journaland a contributing editor to theSouth African Journal of Criminal Justice. He is a former director of the Open Democracy and Advice Center and secretary general of tlÓg