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The difficult birth of the unified judiciary

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Chapter Summary

This conclusory chapter of the book discusses the difficult birth of the unified judiciary symptomatic of the failure of the nationalist elites to shake off the grip of colonial Manichaeanism. The role of this Manichaeanism in disrupting the decolonization of judiciaries of former colonies has been missed because the workings of these institutions have been couched in the language of reception, duality, and modernization. The chapter examined the failure of the national project to amalgamate the Judiciary to illustrate the miscarriage of the decolonization process. The civil judges are the ones to be blamed for subverting the creation of the judiciary of the new nation. In holding fast to the privileges bequeathed to their jurisdiction and court by colonialism, they failed to negotiate this new judiciary with qadis and the nation at large.

Keywords: colonial Manichaeanism; decolonization process; jurisdiction; qadis



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