Administrative justice, environmental governance and the rule of law in Malawi
Date
2019-10-24
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Abstract
This paper examines the impact of administrative law on the rule of law and governance in Malawi, using environmental agencies as a case study. Its findings expose a number of limitations of administrative law in facilitating good environmental governance. These include regulatory or power capture by “invisible Barons” who wield their power to undermine the effectiveness of administrative law and the rule of law. Procedural fairness and improprieties are drawn from specific cases, then analyzed and discussed. The study found that political considerations affect the rate and direction of rulemaking more than judicial considerations.
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Keywords
ADMINISTRATIVE LAW, RULE OF LAW, POLITICAL POWER, JUDICIAL SYSTEM, ENVIRONMENTAL GOVERNANCE, ENVIRONMENTAL LAW, DEMOCRATIZATION, MALAWI, SOUTH OF SAHARA