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Article

Judicial Activism

Usurpation of Parliament’s and Executive’s Legislative Functions, or a Quest for Justice and Social Transformation

Journal European Journal of Law Reform, Issue 2 2011
Keywords judicial activism, separation of powers, constitutional interpretation
Authors Reyneck Matemba
AbstractAuthor's information

    This article examines the concept of judicial activism in relation to the courts’ role of interpreting legislation, particularly focusing on the courts’ function of interpreting the Constitution. It specifically examines modes of constitutional interpretation obtaining in RSA and Nigeria, by focusing on selected judicial decisions by superior courts in the two countries. It also examines constitutional provisions governing the interpretation of the Constitution (Bill of Rights) and legislation as provided for in the Constitution of RSA and that of Nigeria. It also makes a comparative examination of judicial approaches to the interpretation of socio-economic rights enshrined in the Constitution of each of the two countries, specifically focusing on the rights to health and housing.The article observes that the concept of judicial activism is a necessary tool for attaining justice and achieving social transformation.


Reyneck Matemba
Reyneck Thokozani Matemba is a member of the Malawi Law Society and the Commonwealth Association of Legislative Counsel (CALC) and works as an Assistant Chief Legislative Counsel for the Ministry of Justice, Malawi.

C. Doldirina
Article

A Legal Strategy for the Application of Earth Observation Programs in Central and South American Countries

Legal Challenges to Earth Observation Programs with Particular Emphasis on Developing Countries

Journal International Institute of Space Law, Issue 5 2009
Authors J.A. Becerra Ortiz

J.A. Becerra Ortiz
Article

Transfer of Technology in Space: Can the UN Convention on the Law of the Sea serve as a Trailblazer?

The 40th Anniversary of the Outer Space Treaty and Other Legal Matters

Journal International Institute of Space Law, Issue 5 2007
Authors A.A. Oprong

A.A. Oprong
Article

International Disaster Response Law, Rules and Principles (IDRL) Programme of the International Federation of Red Cross and Red Crescent Societes (IFRC)

Conference on Space Law and Space Applications for Disaster Management in the Asia Pacific Region 20-22 November 2007, Chiang Mai, Thailand

Journal International Institute of Space Law, Issue 9 2007
Authors I.B.R. Supancana

I.B.R. Supancana

S.C. Negro
Article

Reflections on Technology, Globalisation and International Space Law

Law and the Ethics of Space in the New Millennium

Journal International Institute of Space Law, Issue 1 2000
Authors T. Ortiz Cetrá

T. Ortiz Cetrá
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