Abstract
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.
Repository Citation
Banda, Janet Laura, "Judicial Review as a Tool for the Safeguard of Human Rights: Prospects and Problems of the U.S. Model in Malawi" (1997). LLM Theses and Essays. 191.
https://digitalcommons.law.uga.edu/stu_llm/191
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