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Article

Strengthening Child Laws in Africa

Some Examples from the New Children’s Act of Angola

Journal European Journal of Law Reform, Issue 1 2014
Keywords children’s rights, instruments, law reform, good practice examples, developments or advancements
Authors Aquinaldo Célio Mandlate
AbstractAuthor's information

    This article highlights some of the major contributions of the new Children’s Act of Angola (Act 25/12 of 22 August 2012) to the effect that they can be used to advance children’s rights in Africa. The article advocates that although the Angolan law is in many respects similar to other African children’s statutes, its drafters added certain remarkable aspects that can be utilised to advance children’s rights in other countries in the continent. In acknowledging these innovations and the need to strengthen child laws in Africa the contribution calls on African states to learn from the Angolan experience in their quest to advance children’s rights in their own jurisdictions. Other states are also encouraged to learn from the Angolan example.


Aquinaldo Célio Mandlate
Aquinaldo Célio Mandlate, Post-Doctoral Research Fellow (UWC), LLD (Western Cape), LLM (Pretoria), is a practising lawyer registered with the Mozambican Bar Association. He also does consultancy works on several fields. His areas of interest include international human rights law, governance and rule of law, investment, corporate, tax law and banking regulations. Contact at aquinaldo101@gmail.com.
Article

Federalist Distortions in the Organization of the Legislative Branch of Brazilian Government

Journal European Journal of Law Reform, Issue 2 2013
Keywords Brazilian federalism, legislature, distortions
Authors Marcelo Labanca Corrêa de Araújo and Glauco Salomão Leite
AbstractAuthor's information

    This article examines the relationship between federalism and the legislature in Brazil. It examines distortions that occur in the structure of the federal legislature, in the powers conferred constitutionally and in the dynamics of legislative activity. It discusses how the role of the Senate as a house of representation of Member States has been mitigated, highlights the excessive concentration of legislative powers at the federal level and the suffocation of the autonomy of the state and municipal legislatures by the influx of the principle of symmetry.


Marcelo Labanca Corrêa de Araújo
Professor of Constitutional Law at the Catholic University of Pernambuco (undergraduate degree stricto sensu Postgraduate Program in Law). President of the OAB-Pernambuco’s Constitutional Studies Commission. CAPES grant for post-doctoral program abroad, at the University of Pisa’s Faculty of Law.

Glauco Salomão Leite
Professor of Constitutional Law at the Catholic University of Pernambuco. Professor of Public Law at the Federal University of Paraíba. Vice-President the OAB-Pernambuco’s Constitutional Studies Commission.
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.
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