Cambridge [Cambridgeshire] ; New York : Cambridge University Press, 1985.
Book — xi, 286 p. ; 24 cm.
This book explores the historical formation during the colonial period of that part of African law known as customary law. In treating the emergence of the customary law as part of the history of the social and economic transformation of African societies under colonial rule, it also provides an interpretation of the ways in which people tried to control the disrupting effects of the changes which they experienced. Martin Chanock shows how African ideas, aspirations and activities regarding law were shaped by interaction with the legal ideas of the British colonisers, their understandings of African societies, and the judicial institutions of the colonial state. These thematic considerations are illustrated by studies of how the customary law developed alongside criminal law in colonial society in Malawi and Zambia as part of the moral weaponry of a changing social order, and more specifically by describing the role of the customary law of the family in conflicts between men and women in the new colonial political economy. (source: Nielsen Book Data)
In 1994, Malawi adopted an unusually progressive Constitution, unprecedented in the country's political and constitutional history. 'Human Rights under the Malawian Constitution' takes stock of the human rights jurisprudence generated by the new Constitution and the new judiciary in Malawi over the past sixteen years. The book examines the largely unreported Malawian cases and legislation and systematically analyses them with a view to constructing a coherent corpus of human rights jurisprudence, which is essential to consolidating democracy, establishing the foundation for the rule of law and ushering in an era of accelerated development in Malawi. The author draws on a wealth of international and comparative jurisprudence, including that from other African countries, without detracting from the main objective of constructing a Malawian brand of jurisprudence. Ultimately the book reveals that it is possible for human rights to grow even in underdeveloped countries. 'Human Rights under the Malawian Constitution' is intended for use by judges, lawyers, legal scholars, students, civil society, law reform officers, human rights institutions and comparative law scholars. Danwood Mzikenge Chirwa is Associate Professor of Law and Head of the Department of Public Law at the University of Cape Town. He has published widely in the fields of constitutional and human rights law. '[This book] 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 of the High Court of South Africa; Honorary Professor of Law, University of Cape Town '[This book] 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, Professor of Law, University of Fort Hare. (source: Nielsen Book Data)