Constitutional Law Lecture Notes

Practice flashcards covering definitions, historical development, structural components, and major legal doctrines of Zambian Constitutional Law.

How does Aristotle define a constitution?

An organization of offices in a state, by which the method of their distribution is fixed, the sovereign authority is determined, and the nature of the end to be pursued by the association and all its members is prescribed.

What are the three distinct elements of the Rule of Law according to AV Dicey?

(1) An absence of arbitrary power on the part of the state, (2) Equality before the law where no person is above the law, and (3) Supremacy of ordinary law based on court remedies rather than a declaration of rights in a written constitution.

In the Westminster Parliamentary System, what does the 'manner and form' doctrine require?

It requires Parliament to follow a set of formal rules and laid down procedures, such as the stages a Bill must go through, before an Act can be passed and become valid law.

What are the four themes identified by Juan J. Linz in his critique of the presidential system?

(1) Full claim to democratic legitimacy, (2) Dual legitimacy of the president and legislature, (3) Rigid or fixed term of office, and (4) The zero-sum game of winner-take-all electoral outcomes.

What are the four key elements of the doctrine of Separation of Powers?

(1) Division of governmental power across three branches (trias politica), (2) Separation of functions, (3) Separation of personnel, and (4) The provision of checks and balances.

Under the Zambian Constitution, how is a 'Full state of emergency' declared and what is its initial duration?

The President, in consultation with Cabinet, may declare it by Proclamation in the Gazette. It ceases to have effect after $7$ days unless approved by the National Assembly by a majority of all members, in which case it lasts for $3$ months.

What is the difference between a Written and an Unwritten constitution?

A written constitution is contained in a single document or series of documents (e.g., USA, Zambia), while an unwritten constitution is found in a series of statutes, rules, and conventions (e.g., UK, Israel, New Zealand).

What are the 'sub-rules' of the Rule of Law as articulated by Lord Bingham?

The law must be accessible, intelligible, and predictable; legal rights should be resolved by law not discretion; laws should apply equally to all; public officers must act in good faith and within power; protection of fundamental rights; means for dispute resolution; fair adjudicative procedures; and compliance with international law.

What are the five constitutional review commissions (starting from 1973) mentioned in the Zambian context?

(1) The Chona Commission ($1973$), (2) The Mvunga Commission ($1991$), (3) The Mwanakatwe Commission ($1996$), (4) The Mung’omba Commission ($2003$), and (5) The Silungwe Technical Committee ($2011$).

According to Article $118(1)$ of the Zambian Constitution, what is the source of judicial authority?

The judicial authority of the Republic derives from the people of Zambia and shall be exercised in a just manner that promotes accountability.

What is the 'logical supremacy' argument for the constitution as proposed by Ben Nwabueze?

The constitution is supreme because it is logically prior to the organs of government; if the government and its organs are created by the constitution, they only possess powers granted to them by that instrument.

What are the qualifications for a person to be eligible for election as President of Zambia under Article $100(1)$?

A person must be a citizen by birth or descent, ordinarily resident in Zambia, at least $35$ years old, a registered voter, have a grade $12$ certificate, be fluent in the official language, be tax compliant, declare assets, pay election fees, and be supported by $100$ voters from each province.

What is the 'first-past-the-post' or simple majority electoral system?

A system where the candidate who gains the largest number of votes wins the seat, regardless of the proportion of the total votes cast for them or their opponents.

Which article of the Zambian Constitution provides for the Bill of Rights and what kind of rights were historically excluded before attempts to expand them?

Part III contains the Bill of Rights. Historically, economic, social, and cultural rights were provided under non-justiciable directive principles of state policy rather than enforceable rights.

What are the grounds for the removal of a Judge in Zambia under Article $143$?

(a) Mental or physical disability, (b) Incompetence, (c) Gross misconduct, or (d) Bankruptcy.

Define 'Constitutionalism' in the broad sense.

A government limited in its actions and accountable to its citizens, involving the existence of limitations on the state and legally enforceable mechanisms to ensure those limitations are followed.

What is the 'Westminster' model's definition of collective responsibility of the Cabinet?

It requires Ministers to show a united front to Parliament and the nation, share responsibility for all policy, and maintain secrecy regarding Cabinet discussions and documents.

Under the Public Order Act, what was the outcome of the 'Christine Mulundika and 7 Others v. The People' case in the Supreme Court?

The Court struck down sections $5$ and $7$ of the Public Order Act as unconstitutional because requiring a permit to gather or speak (which could be arbitrarily denied) infringed upon freedoms of expression and assembly.

What are the four mandatory considerations for constitutional interpretation in Zambia according to Article $267(1)$?

The Constitution shall be interpreted in accordance with the Bill of Rights and in a manner that: (a) Promotes its purpose, values, and principles; (b) Permits the development of the law; and (c) Contributes to good governance.

What is the 'Purposive approach' to constitutional interpretation?

An approach that treats the constitution as a broad, liberal, and dynamic document, interpreting it to express the ideals and aspirations of the nation and the values bonding its people.