Criminal Law in Malawi


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Malawi. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Malawi. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.







The Law of Inheritance & Administration of Deceased Estates in Malawi


Book Description

This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.




Human Rights Under the Malawian Constitution


Book Description

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.




The Laws of Malawi


Book Description




Labour Law in Malawi


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws,this monograph on labour law in Malawi not only describes and analysesthe legal aspects of labour relations, but also examines labour relationspractices and developing trends. It provides a survey of the subject that isboth usefully brief and sufficiently detailed to answer most questions likelyto arise in any pertinent legal setting.Both individual and collective labour relations are covered in ample detail,with attention to such underlying and pervasive factors employment contracts,suspension of the contracts, dismissal laws and covenant of non-competition,as well as international private law. The author(s) describe(s) all importantdetails of the law governing hours and wages, benefits, intellectual propertyimplications, trade union activity, employers' associations, workers'participation, collective bargaining, industrial disputes, and much more.Building on a clear overview of labour law and labour relations, the bookoffers practical guidance on which sound preliminary decisions may be based.It will find a ready readership among lawyers interests in Malawi, and academics and researchers will appreciate itsvalue in the study of comparative trends in laws affecting labour and labourrelations.




Laws of Creation


Book Description

Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.




Citizenship Law in Africa


Book Description

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.




Company Law in Malawi


Book Description