The Paradox of Madagascar's Legal Institutions: Rethinking Law's Rule

Lwabukuna, Olivia

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.

Citation

Lwabukuna, O. (in press). The Paradox of Madagascar's Legal Institutions: Rethinking Law's Rule. In H. Yusuf (Ed.), Judicial Independence and the Rule of Law in Africa. Springer Nature

• Acceptance Date: Jan 19, 2023
• Deposit Date: Nov 8, 2023
• Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
• Book Title: Judicial Independence and the Rule of Law in Africa