Does Legal Tradition Matter? The Emerging Accountability Functions of Mozambican High Courts
Similar to the African cases discussed in the previous chapter, Mozambique’s judiciary suffers from a lack of staff, funds, and other resources. Not unlike Uganda, Mozambique has emerged from a context of prolonged civil war preceded by colonial rule, and for a long time, formal court structures simply were not functional. Similar to its neighbors in the north, Mozambique has inherited formal court structures and a large body of legislation from its colonial power. Today, it has a court structure resembling that of Portugal, where three different high courts constitutionally rank as the highest bodies of competence in different judicial areas. However, the Mozambican case differs from the other African countries analyzed in this book on one important dimension: In contrast to their common law systems, Mozambique—a former Portuguese colony—employs a civil law tradition much like Angola, Guinea-Bissau, Cape Verde Islands, and São Tomé and Príncipe Islands.
KeywordsHigh Court Supreme Court Judicial Independence Administrative Court Professional Judge
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