Research Article
Assessing the Military Upholding of Constitution in Democracy to Promote National Food Security in Malawi
Vincent Thom Nundwe*,
Mavuto Tembo,
Chrispin Mphande,
Thokozani Andrew Chazema
,
Hope Ngilazi,
David Kumwenda
Issue:
Volume 8, Issue 1, March 2025
Pages:
1-8
Received:
4 December 2024
Accepted:
19 December 2024
Published:
7 January 2025
DOI:
10.11648/j.ijls.20250801.11
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Abstract: Discussion over social influence of military power to supporting development of agriculture and achieving food security world over is eminent. Nations sovereignty depends on human security dependent on Food security, hence military engagement to support food security efforts. This paper assesses military upholding of constitution in democracy to promote national food security in Malawi. Qualitative interviews purposely selected retired Army senior officers, Members of Parliament, District Agricultural Development officers, Police station Officers in-charge, Station Criminal Investigation Officers, Station Community Policing Coordinators, trade and industry official and business persons. Qualitative approach collected data using interview guide in Karonga and Chitipa Districts. Data analysis followed coding, codes into sub-themes and themes answering research questions. Through constructivism paradigm, concordance theory, results indicate Malawi Defence Force acted professionally by (1) upholding constitution by working together with other departments to consulting, coordinating and planning meetings with stakeholders to enforce supporting food security; planning meeting with internal security agencies to strategize supporting food security; got involved during distribution of Affordable Input Subsidy, crisis, controlling the banning of illegal exportation of some cash crops like tobacco. (2) Intervening with non-traditional combatant missions of mounts roadblocks; seal borders to control careless distribution and smuggling of national food produce to bar exporting insufficient yielded of various declared crops; confiscating chattels used for moving declared emergency crops contrary to policies; backs up police; National Parks and wild life and the Forestry department including ADMARC to enforce food security policies. (3) Military have positively influenced compliance to policies of food security with fruitful interventions, when they confiscated trucks/vehicles and crops they handed over to police and taken to court for disposal, arrested suspects were handed over to police for prosecutions rendering military intervention efficient and effective. While other scholars conclude the importance of military autonomy on involvement at farming programs for food production, escorting food to the needy through humanitarian missions and distribution of food for difficult to reach areas. Current study concludes, military autonomy is pivotal to upholding of Constitution which empowers military to use effective civil military relations skills with concerned stake holders to manage constitutional requirements as dictated by law. Constitution empowers Malawi Defence Force to intervene with necessary strategies to promote and manage food security nationally. Autonomous lawful public administrative institutions may contribute to sustainable food security.
Abstract: Discussion over social influence of military power to supporting development of agriculture and achieving food security world over is eminent. Nations sovereignty depends on human security dependent on Food security, hence military engagement to support food security efforts. This paper assesses military upholding of constitution in democracy to pr...
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Research Article
The United States Experience on Premarital and Nuptial Agreements as a Frame of Reference for a Reform of the Peruvian Civil Code
Yuri Vega Mere*
Issue:
Volume 8, Issue 1, March 2025
Pages:
9-18
Received:
7 November 2024
Accepted:
25 December 2024
Published:
16 January 2025
DOI:
10.11648/j.ijls.20250801.12
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Views:
Abstract: In Peru, despite the numerous reforms of family law that have modified the rules of the Civil Code or that have been given by means of laws that exist outside the walls of said Code, the legislator has preferred not to make any changes in the legal treatment of the regimes that regulate the economic relations between spouses, in spite of the change of convictions and customs in the society and, especially, without considering the spaces of greater freedom that the new generations are looking for. After 40 years of the Civil Code (1984), it is essential to rethink the rules that still exist and that respond to an outdated worldview about the way in which the new families organize their economic relations. Globalization, the permanent displacement of people to other countries, the achievements of women and the demand of the new generations to organize and plan, according to their own interests, the acquisition of assets and their distribution during and after the dissolution of marriage, demand a profound revision of the subject. The author, who has explored the U.S. experience of premarital and nuptial agreements on other occasions, persists in outlining new reasons to argue that there are principles and institutions of contract law that are compatible with family law and whose application, in his view, would not only be advisable in a society where people are less inclined to marry because of the rigidity of the legal treatment of marital property, but, above all, because the search for greater rooms to agree in advance and plan the economic regime for the acquisition of property and for the assumption of financial obligations of the spouses during and after marriage, is part of the process known as contractualization of family law. The essay is based on the American experience and the initiatives of the Uniform Law Commission and the American Law Institute to demonstrate the complementarity that can exist between the freedom of the parties to enter into marital or premarital agreements and ex post judicial control, which translates, for the author, into a possible modernization of family law through the application of contractual institutions and principles that should not be interpreted as a renunciation of the main principles of family law.
Abstract: In Peru, despite the numerous reforms of family law that have modified the rules of the Civil Code or that have been given by means of laws that exist outside the walls of said Code, the legislator has preferred not to make any changes in the legal treatment of the regimes that regulate the economic relations between spouses, in spite of the change...
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