Administrative law and governance in East Africa research project : local government in Malawi (Draft 1)

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2018

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Abstract

The paper presents results of one component of the study of the interplay between administrative law and local governance in East Africa. In Malawi’s case, influenced by the experience of a one-party dictatorship wielding virtually unlimited power and eroding individual liberties, courts have emphasised the need to keep authoritarian state power in check to prevent a repeat of the excesses of the past. At the same time, courts have subordinated judicial/legal rulings to political or bureaucratic judgment. This study examines rule making, implementation and adjudication practices of administrative agencies, and evaluates the impact of judicial review on public administration.

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Keywords

ADMINISTRATIVE AGENCIES, ADMINISTRATIVE LAW, GOVERNANCE, RULE MAKING, EAST AFRICA, MALAWI, KENYA, LOCAL GOVERNANCE, LEGAL FRAMEWORK, LEGISLATION, DEMOCRATIZATION, ACCOUNTABILITY, TRADITIONAL PRACTICES

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