This book argues for the use of Old Testament ethical principles in entrenching constitutionalism in democratic Malawi. This posture is against the background of the already existing sections 12 and 13 of Malawi's Constitution which have moral underpinnings. Using the theories of Divine Command and Deontology, the study discusses ten critical Old Testament ethical principles and elucidate why and how they can be used to entrench constitutionalism in Malawi. The study demonstrates that the giving of the law to Israel was God's model for (codified) national constitutions, aiming at envisioning and entrenching constitutionalism through the principle of justice which apparently, is the heartbeat of the Old Testament ethics and morality. Therefore, to some extent, constitutionalism in Malawi can be entrenched by pursuing justice and protecting its integrity. Very relevant is the study's emphasis that the Decalogue is a Magna Carta for human rights and freedoms. Pertinent also is the scriptural analysis which shows that the threefold nature of government is intrinsically theological as the study's findings demonstrate. These Old Testament study findings show that no one, not even the president, is above the law--thus demonstrating limited governmental powers, separation of powers, accountability, respect for human rights, and rule of law where everyone is under the law and correctable by it. The study's original contribution is in its demonstration that Old Testament ethical principles are the foundation of constitutionalism by showing the theological basis of constitutionalism's tenets of limited government, separation of powers, rule of law, human rights, and accountability. Consequently, the original contribution of this study to the academia is its blending of theological and jurisprudential discourse on good governance based on Old Testament ethical principles and moral values in entrenching constitutionalism in Malawi.
Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country’s greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias’s landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.
Автор: Garoupa Nuno, Gill Rebecca D., Tiede Lydia B. Название: High Courts in Global Perspective: Evidence, Methodologies, and Findings ISBN: 0813946158 ISBN-13(EAN): 9780813946153 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 7963.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions.
High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today.
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