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.

Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

After thirty years of autocratic rule under "Life President" Kamuzu Banda, Malawians experienced a transition to multi-party democracy in 1994. A new constitution and several democratic institutions promised a new dawn in a country ravaged by poverty and injustice. This book presents original research on the economic, social, political and cultural consequences of the new era. A new generation of scholars, most of them from Malawi, cover virtually every issue causing debate in the New Malawi: poverty and hunger, the plight of civil servants, the role of the judiciary, political intolerance and hate speech, popular music as a form of protest, clergy activism, voluntary associations and ethnic revival, responses to the HIV/AIDS pandemic, and controversies over women's rights. Both chameleon-like leaders and the donors of Malawi's foreign aid come under critical scrutiny for supporting superficial democratization. The book ends with a rare public statement on the New Malawi by Jack Mapanje, Malawi'sinternationally acclaimed writer.

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.

Compilation of texts of the constitutions of Algeria, Botswana, Burundi, Cameroon, the Central African Republic, Chad, Congo, Benin, Egypt, Equatorial Guinea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Cote d'Ivoire, Kenya, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Niger, Nigeria, Rhodesia (Zimbabwe), Rwanda, Senegal, Sierra Leone, Somalia, South Africa R, Sudan, Tanzania, Togo, Tunisia, Uganda, Burkina Faso, Zaire and Zambia. Bibliographys.