The rule therefore is that there is no law that is above the constitution if the constitution is to remain the supreme law of the land. The government shall create an economic environment. The constitution of the republic of the gambia a r r a n g e m e n t o f s e c t io n s section c h a p t e r i th e republ ic 1. Repeal and replacement of parts i and ii supremacy of constitution 10 no. A constitution is a supreme law what exactly is wrong with reserved power doctrine australia. Constitution, governance, and democracy by mulenga besa. The constitution defines the power of the entities and the limits of that power. Resolve that zambia shall remain a unitary, multiparty and 5. A person who was a citizen of zambia, immediately before the commencement of this constitution, shall continue to be a citizen 5 of zambia and shall retain the same citizenship category from the date the citizenship was acquired.
This particular entity is the embodiment of sovereignty in that society. On this page you can read or download zambian constitution 2016 pdf download in pdf format. Zambian day supremacy of the constitution over the. We, the people of zambia by our representatives, assembled in our. In zambia like in many other countries, the constitution is said to be the supreme law of the law. It is the grand law and authority base of the country derived from the people, the power base of the country. Zambia and any other written law, customary law and. Declare the republic a christian nation while upholding a. Attorney general v law association of zambia 992006. Constitution of zambia amendment national assembly of zambia. It contains the fundamental rules that constitute the country and its institutions.
Constitution of zambia 1996 ace electoral knowledge network. Constitutional supremacy means that no laws or actions can violate a nations constitution. Its constitution building history can be divided into post independence and post cold war periods. The concept of the supremacy of the constitution limbach. Zambias constitution of 1991 with amendments through 2016. Banda v the people 2002 ahrlr 260 zahc 1999 specifically amended, any provision of an act of parliament that contravenes the provisions of the constitution is null and void. Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s.
Supremacy of constitution this clause amends article 1 5 by making the consideration of constitutional matters by the constitutional court to be subject to article 28. Constitutional supremacy means that the constitution takes precedence over all other law in a particular country, for example, legislation or case law. The supremacy of the constitution, good governance and. On this page you can read or download united church of zambia constitution pdf in pdf format. Sangwa said this in a letter to speaker patrick matibini who, with impunity, has set himself above the constitution and courts of law. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. Ndulo calls for complete overhaul of constitution the. On the other hand, in a constitutional democracy, the constitution prescribes the manner and limits within which the powers of government may be carried out. Mar 09, 2008 according to the nairobi report, governments proposed modus operandi is faulty. Published in the express tribune, july 23 rd, 2012.
Constitutional supremacy is an oftmisunderstood and contextually misquoted reference to article vi as making the federal government allpowerful, however in reality it simply refers to the fact that we the people of each state simply delegated. The constitution is the supreme law of zambia and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void. Zambia, the principles of constitutional autochthony and the supremacy of the constitution. Introduction to constitutional law unwritten constitution characteristics and classifications of constitutions the zambian constitution salient features government under the constitution citizens governed in a democracy central, local government and democracy devolution, federalism and democracy concept of separation of powers rationale for. The constitution was adopted in 1991 after consultations with the citizens of zambia.
Supremacy of the constitution in every given human society, there is always a supreme entity whose provisions or dictates are final. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. The supremacy of the constitution means that constitution is supreme over the parliament jutta limbach, 2001. Laws of zambia part iii national values, principles and. The article compares and assesses the idea of the supremacy of the constitution found in germany with the competing british tradition of parliamentary sovereignty. The constitution of zambia is the supreme law and if any other law inconsistent with the constitution that other law shall, to the extent of its inconsistency, be void article. Prof ndulo disputes supreme court judgement on mutuna. It states further that if any other law is inconsistent with the constitution, such contravening section or law will be null and void. Constitutional supremacy is viewed as a check on governmental power. The constitution of zambia makes provision for constitutional supremacy. If you dont see any interesting for you, use our search form on bottom v.
Supremacy of the constitution is a doctrine where by the constitution is the supreme law of the land and all the state organs including parliament and state legislatures. Article 1 clause 1 of the zambian constitution makes a declaration of its supremacy in relation to other laws. Feb 25, 2010 the supremacy of the constitution, good governance and the doctrine of neccesity. The supremacy of the zambian constitution was illustrated in christine mulundika and seven others v the attorney general. This constitution is the supreme law of the republic of zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency. The operation of this constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions. The supremacy of the constitution, good governance and the. However, constitutional supremacy only applies if the government and military enforce it. Constitutional lawyer john sangwa says the constitution of zambia is superior to both the speaker of the national assembly and the national assembly itself. State parties shall entrench the principle of the supremacy of the constitution in the. Mar 17, 2016 supremacy of the constitution in every given human society, there is always a supreme entity whose provisions or dictates are final.
Continuous effect of constitution part ii sovereignty 4. It is premised on the supremacy of the constitution. The result is an unworkable, poorly integrated, and unsatisfactory document that leaves the desire by zambian people for a democratic constitution unfulfilled. Ndulo calls for complete overhaul of constitution the mast. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. Supremacy of the constitution over the public order act and the need to amend it an editorial the public order act poa is in the news yet again. This complete constitution has been generated from excerpts of texts from the repository of the. The supremacy of the constitution, good governance and the doctrine of neccesity. It also argues that the concept of parliamentary sovereignty in the sense of parliament being sovereign and legislation by it being.
Apart from declaring the supremacy of the constitution, this provision also guides the resolution of conflict between the constitution and all other laws. Aug 21, 2019 constitutional lawyer john sangwa says the constitution of zambia is superior to both the speaker of the national assembly and the national assembly itself. Sangwa has explained to matibini that the supremacy. The supremacy of the constitution demands that the court should hold void any exercise of power either. This report is based on a research and interviews carried out by omct during a preparatory. Jul 05, 2016 on this page you can read or download zambian constitution 2016 pdf download in pdf format. Sangwa explains supremacy of constitution to matibini. Human rights committee of the law association of zambia laz. Constitution of zambia 1996 ace electoral knowledge. Download zambias new constitution as amended elias. The constitution of zambia zambia online news site. The zambian constitution for example states in article 1 that. The constitution of zambia bill, 2005 the zambian the. May 15, 2015 the redundancy comes from its contradiction of the zambian constitution as it collides with articles 20 and 21 where fundamental rights are guaranteed.
Apr 30, 20 the zambian constitution in article 1 provides that this constitution is the supreme law of zambia and if any other law is inconsistent with this constitution, that law shall to the extent of the inconsistency, be void. Prof ndulo, a usbased lawyer, in his article zambia s unfullfilled struggle for a democratic constitution. Constitution, and to have taken any necessary oath required to be taken under the constitution, unless the president requires any person who continues in office by virtue of this section to take any oath prescribed by the constitution or by an act of parliament. Jul 05, 2016 on this page you can read or download zambian constitution pdf in pdf format. Jan 08, 2016 constitution of zambia amendment act, no. The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political. Professor ndulo explains the law on zambian parliament and. The constitution is amended by the repeal of the preamble and the substitution therefor of the following. Firstly, that the trial judge overlooked the doctrine of supremacy of the constitution contained in article of the constitution which provides that the constitution is the supreme law of zambia and if any law is inconsistent with the constitution that other law shall, to the extent of the inconsistence, be void. In the pre colonial times, it was usually the gods of the land in the south or the provisions of the holy. In a parliamentary democracy the essence of such a democracy is the supremacy of parliament above the constitution or any other law.
Article specifically states that this constitution is the supreme law of zambia and if any other law is inconsistent with this constitution that other law shall, to the extent of the inconsistency, be void. Article 15 of the constitution is couched in very clear and unambiguous language, that no. This act may be cited as the constitution of zambia. Comments on the 2016 constitution muna ndulo professor of law, elizabeth and arthur reich director, leo and arvilla berger international legal studies program, and director, institute for african development 4 april 2016. Parliament supreme, can enact any law, says zardari. Bank of zambia1 there is established the bank of zambia which shall.
Please download the pdf in attachment directly above. Being sovereign, the nation must ensure that its actions are in accordance. The article contends that the zambian constitution is substantively, but probably not procedurally autochthonous. Supremacy of the constitution and good governance in nigeria benedict d. And prof ndulo says the 2016 constitution is an embarrassing document not befitting country like zambia.
Gk, general studies, optional notes for upsc, ias, banking, civil services. Constitutional supremacy or parliamentary sovereignty through. Constitution of zambia, in this act referred to as the constitution. Attorney general v law association of zambia 992006 2008. Ewemie and ainabor augutine e abstract the dynamics of nigerias history has imposed on it a succession of leaders who ruled in such a way that sharply showed absence of good governance in nigerias developmental efforts.
With the doctrine of supremacy of the constitution, the court as the guardian of the. Comparative constitutions project, and distributed on. Ghana has over the years developed into a world player with its government engaging in all kinds of international business and economic transactions with foreign partners. Introduction to constitutional law unwritten constitution characteristics and classifications of constitutions the zambian constitution. The power to determine whether legislation is inconsistent with the constitution is vested in the courts article 91. Also, the supremacy of the constitution makes it the supreme law of the land against which all inconsistent enactments and conducts are null and void. The redundancy comes from its contradiction of the zambian constitution as it collides with articles 20 and 21 where fundamental rights are guaranteed. Jul 12, 20 it is premised on the supremacy of the constitution. Mar 06, 2018 prof ndulo stated that the new zambian constitution was developed by a process that was deeply flawed and ignored the principles raised above. It concludes by examining the need for a supreme constitutional law in the european union. What is the definition of constitutional supremacy. It can exist in countries with a broad range of governments.
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