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'Legal pluralism and the future of personal family laws in Africa'
Academic journal articles
Anthony Diala (2021)
A notable aspect of Africa’s struggle with its colonial legacies is the co-existence of indigenous laws that emerged in agrarian settings with state laws that emerged in industrial settings. Given the dissonance in their origins, clashes frequently occur between traditionalists and change agents, especially over the property and succession rights of women, girls, and younger male children. Spurred by the judicial handling of these clashes, scholars categorise African customary laws into ‘official’ and ‘living’ versions. However, this categorisation does not...
'Hmong "marriage by capture" in the United States of America and Ukuthwala in South Africa: Unfolding discussions'
Academic journal articles
Lea Mwambene (2021)
'Marriage by capture' among the Hmong people in the United States of America and ukuthwala in South Africa both take the form of the mock abduction of a young woman for the purpose of a customary marriage. The noteworthy point about these two customary marriage practices is that, although Hmong marriage by capture takes place in the context of a minority community in a liberal state, and ukuthwala occurs in a postcolonial state, courts in these jurisdictions convert these marriage...
'Courts and transformative constitutionalism: Insights from South Africa’
Books and chapters
Diala, Anthony C (2019)
The enactment, implementation, and adjudication processes of laws form the bedrock of democratic societies, since they underlie the relationship between the three branches of government. Just like human interaction, however, intergovernmental relationship is often problematic. Specifically, when judicial review occurs, there is always the spectre of overturning, amending, and reinterpreting legislation and executive policies. So, in what ways should courts and the political branches interface to ensure accountability? Using the concept of transformative constitutionalism, this chapter examines the interface between...
Recently added publications |
Posted by: Centre for Legal Integration in Africa
Anthony Diala (2021). 'Legal pluralism and the future of personal family laws in Africa'. 35(1) International Journal of Law, Policy and the Family
Posted by: Centre for Legal Integration in Africa
Lea Mwambene (2021). 'Hmong "marriage by capture" in the United States of America and Ukuthwala in South Africa: Unfolding discussions'. 53(3) Comparative and International Law Journal of Southern Africa 1-25
Posted by: Centre for Legal Integration in Africa
Nkanyiso Sibanda (2021). 'Constitutional property law in South Africa, 2019-2020'. Yearbook of South African Law 2019/2020 384-397
Posted by: Centre for Legal Integration in Africa
Najma Moosa (2021). The mystery of the apostasy of Shaykh Yusuf of Makassar’s alleged grandchildren: The children of the Rajah of Tambora . Cape Town: Shaykh Shahid Esau
Posted by: Centre for Legal Integration in Africa
A Booley & J van Schalkwyk (2021). 'The legal and social complexities relating to self-determination: Internal and external self-determination and obligations erga omnes'. South African Yearbook of International Law
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A butterfly that thinks itself a bird: The identity of customary courts in Nigeria
Constitutional property law in South Africa, 2019-2020
Constitutional Theory: Schmitt after Derrida
Courts and transformative constitutionalism: Insights from South Africa
Curriculum decolonisation and revisionist pedagogy of African customary law
Jacques Derrida: Law as Absolute Hospitality
Legal pluralism and social change: Insights from matrimonial property rights in Nigeria
Legal pluralism and the future of personal family laws in Africa
On Crime and Punishment: Derrida Reading Kant
Peacebuilding and the interface of state law and indigenous market laws in Southern Nigeria
Perpetual peace: Derrida reading Kant
Rethinking customary law and women’s property rights
Rethinking the interface between customary law and constitutionalism in sub-Saharan Africa
The Moral Law: Derrida reading Kant
The mystery of the apostasy of Shaykh Yusuf of Makassar’s alleged grandchildren
The role of customary law in the shaping of new models of pluralistic states