n Malawi Law Journal - Fostering constitutionalism : the role of the judiciary in Southern Africa

Volume 5, Issue 2
  • ISSN : 1996-7675



This article laments the apparent rise and fall of constitutionalism in Southern Africa and wonders about the prospects for the future. It expresses the view that the judiciary is indispensable to constitutionalism. Yet the ruling elite appear to be narrowing the scope of the role of the judiciary. There appears to be deliberate attempts by the ruling elite to weaken and alienate the judiciary. Respect for court orders is not consistent and courts remain inadequately funded. The independence of the courts in this region needs to be bolstered in order for constitutionalism to take root.

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