SOAS Research Online

A Free Database of the Latest Research by SOAS Academics and PhD Students

[skip to content]

Lwabukuna, Olivia (2023) 'The Paradox of Madagascar's Legal Institutions: Rethinking Law's Rule.' In: Yusuf, Hakeem, (ed.), Judicial Independence and the Rule of Law in Africa. Cham: Springer Nature. (Ius Gentium: Comparative Perspectives on Law and Justice) (Forthcoming)

[img] Text - Accepted Version
Restricted to Repository staff only

Request a copy

Abstract

The western liberal institutional approach centers law and legal institutions within the state. Consequently, it is presumed that an ideal, institutional rule of law is essential for dispensing justice and facilitating effective governance (Chan, 2020). This chapter argues that this state-centred rule of law is ill-suited for attaining justice or effective governance within developing countries with weak state institutions and strong non-state normative systems like Madagascar. It particularly demonstrates that Madagascar’s perceived rule of law deficit is underpinned by the struggle to reconcile its state and non-state institutions following recurring low and high intensity crises (Lwabukuna , 2022). This presumably stems from the western-centric conceptualisation and practice of rule of law, notably, the failure to acknowledge and embrace the reality and role of non-state institutions and norms in Madagascar’s legal and governance structures.

Item Type: Book Chapters
SOAS Departments & Centres: Departments and Subunits > School of Law
Date Deposited: 08 Nov 2023 15:04
URI: https://eprints.soas.ac.uk/id/eprint/40897

Altmetric Data

There is no Altmetric data currently associated with this item.

Statistics

Download activity - last 12 monthsShow export options
Downloads since deposit
6 month trend
2Downloads
6 month trend
52Hits
Accesses by country - last 12 monthsShow export options
Accesses by referrer - last 12 monthsShow export options

Repository staff only

Edit Item Edit Item