The article examines Malawi's law on abortion against certain key principles and values of criminal law. In the final analysis, it finds that the current state of the law has
failed to achieve its avowed policies of protecting women from the dangers of unsafe abortion, and to protect unborn children from unjustifiable destruction. [...]
This article highlights the important role that the judiciary has played in safeguarding Botswana’s constitutional democracy. This role is primarily located in and can be
discerned from the courts’ decisions as well as the legal framework establishing the judiciary. [...]
The recent judgment of Pickering J in PE v Ikwezi Municipality has brought to the fore the inherent difficulties of adjudicating the issues of sexual harassment at the workplace
on the one hand, and the imposition of liability on the employer arising from the conduct of one of its employees on the other. [...]
The objective of this article is to interrogate and assess the development and application of the principle of the best interests of the child in Botswana. After a brief discussion
of the principle at the international and regional levels, the article will then assess how courts in Botswana have applied this principle in various aspects of private [...]
The preoccupation with a more just and peaceful world today is a concern of many legal experts, faith leaders, policy makers and leading thinkers. This paper examines the Global
Ethic, as espoused by the Parliament of World Religions and affirmed by the Kuala Lumpur Consultation, which was held in Malaysia in October 2010 and its applicability [...]
The law exists to govern human affairs – to perform this function; it mustpossess the virtue of clarity and certainty. Courts have a duty to ensure that thelaw is clear and
certain. An employee whose contract of employment is wronglyterminated looks to the courts for redress and an award of damages is one ofthe available remedies. [...]
The presumption of resulting trust and advancement, as equitable principles,were developed in the English legal system to do justice on matters of proprietaryrights between
persons who are in one relationship or the other such as spouses,parents and their children amongst others. [...]
Intestate inheritance in Nigeria is faced with legal issues. This is due to the pluralistic nature of the Nigerian society, where there exist different native laws or customs
on inheritance. Some of the native laws or customs discriminate against the rights of women to inherit. [...]
Insolvency law in Zimbabwe has undergone a legal metamorphosis from the colonial period to post independence. The evolution of insolvency law in Zimbabwe has been largely driven
by socio-economic and political forces. Suffice to underscore that before the enactment of the comprehensive Insolvency Act by the Parliament of Zimbabwe in 2018, [...]
W niniejszym artykule przedmiotem rozważań będą z jednej strony przyczyny powstawania wtórnej konstytucyjności w wyniku wejścia w życie wyroku Trybunału Konstytucyjnego.
W kontekście tego zagadnienia należy wziąć, po pierwsze, pod uwagę zasadę skargowości, która może prowadzić do jedynie fragmentarycznego eliminowania niekonstytucyjności, [...]
