Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues th...Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique： （1） is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and （2） underestimates the importance of securing the constitutive conditions of democratic self-government.展开更多
Due to the advent of the 1994 democratic constitution particularly sections 32 and 33 which provide for every person＇s right to freedom of conscience, religion, belief and thought, and also to academic freedom Malawi...Due to the advent of the 1994 democratic constitution particularly sections 32 and 33 which provide for every person＇s right to freedom of conscience, religion, belief and thought, and also to academic freedom Malawi has significantly witnessed mushroom development of tribal organizations, aiming at preserving and protecting local religious beliefs and cultural practices. The Chewa Heritage Foundation （CHEFO） and the Muhlako wa Alhomwe （MWA） are among the well-known numerous ethnic organizations through which the traditional beliefs, cultural and religious practices enjoy significant respect from Chewa and Lhomwe people. Although the new Constitution has cleared a road for the establishment of these ethnic organizations, it seems activities of all ethnic associations are significantly promoting tribalism and nepotism, in addition to being used as campaign tools by political parties. This article intends to critically assess and evaluate the role and the impact of the Chewa Heritage Foundation and Muhlako wa Alhomwe on rule of law, govemance and culture in Malawi. The following question will guide the discussion： Why are the Chewa Heritage Foundation and Mulhako wa Alhomwe cultural associations while exercising their constitutional rights promoting tribalism, regionalism and nepotism and used as campaign machinery by both opposition and ruling political parties？ Its hypothesis is, in spite of preserving protecting cultural practices as guaranteed in constitution, tribal organizations need to be watchful so that they should not promote tribalism, nepotism and being used as campaign tools by crooked and opportunist politicians.展开更多
文摘Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique： （1） is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and （2） underestimates the importance of securing the constitutive conditions of democratic self-government.
文摘Due to the advent of the 1994 democratic constitution particularly sections 32 and 33 which provide for every person＇s right to freedom of conscience, religion, belief and thought, and also to academic freedom Malawi has significantly witnessed mushroom development of tribal organizations, aiming at preserving and protecting local religious beliefs and cultural practices. The Chewa Heritage Foundation （CHEFO） and the Muhlako wa Alhomwe （MWA） are among the well-known numerous ethnic organizations through which the traditional beliefs, cultural and religious practices enjoy significant respect from Chewa and Lhomwe people. Although the new Constitution has cleared a road for the establishment of these ethnic organizations, it seems activities of all ethnic associations are significantly promoting tribalism and nepotism, in addition to being used as campaign tools by political parties. This article intends to critically assess and evaluate the role and the impact of the Chewa Heritage Foundation and Muhlako wa Alhomwe on rule of law, govemance and culture in Malawi. The following question will guide the discussion： Why are the Chewa Heritage Foundation and Mulhako wa Alhomwe cultural associations while exercising their constitutional rights promoting tribalism, regionalism and nepotism and used as campaign machinery by both opposition and ruling political parties？ Its hypothesis is, in spite of preserving protecting cultural practices as guaranteed in constitution, tribal organizations need to be watchful so that they should not promote tribalism, nepotism and being used as campaign tools by crooked and opportunist politicians.
