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Full-Text Articles in Law

Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo Dec 2014

Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo

Muna B Ndulo

In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …


Tradition?! Traditional Cultural Institutions On Customary Practices In Uganda, Joanna R. Quinn Oct 2014

Tradition?! Traditional Cultural Institutions On Customary Practices In Uganda, Joanna R. Quinn

Joanna R. Quinn

This contribution traces the importance of traditional institutions in rehabilitating societies in general terms and more particularly in post-independence Uganda. The current regime, partly by inventing “traditional” cultural institutions, partly by co-opting them for its own interests, contributed to a loss of legitimacy of those who claim responsibility for customary law. More recently, international prosecutions have complicated the use of customary mechanisms within such societies. This article shows that some traditional and cultural leaders continue to struggle to restore their original institutions, some having taken the initiative of inventing new forms of engaging with society. Uganda is presented as a …