UNIVERSITY OF LUSAKA
FACULTY OF LAW
L130 – CONSTITUTIONAL LAW
COURSE OUTLINE:
PART I: GENERAL FOUNDATIONS
UNIT 1: INTRODUCTION TO CONSTITUTIONAL LAW
1.1
1.2
1.3
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
1.3.6
1.4
1.4.1
1.4.2
1.4.3
1.5
1.5.1
1.5.2
1.5.3
1.6
1.7
1.8
What is Constitutional Law?
Definition of a Constitution
Classifications of Constitutions
Federal Constitution and Unitary Constitution
Multilayered Constitution and Unitary Constitution
Written Constitution and Unwritten Constitution
Rigid Constitution and Flexible Constitution
Parliamentary Constitution and Presidential Constitution
Monarchy, Aristocracy, and Democracy Constitutions
Modes of Adopting a Constitution
By Parliament
Constituent Assembly
Refurendum
Sources of Constitutional Law
Statutes
Common Law
Constitutional Conventions
Constitutionalism
Supremacy of the Constitution
Unicameralism and Bicameralism
UNIT 2: HISTORICAL DEVELOPMENT OF THE ZAMBIAN
CONSTITUTION
2.1
2.2
2.3
2.4
The Independence Constitution (1964) - (key features)
The One-Party State Constitution (1972 –1990) – (key features)
The 1991 Constitution - (key features
The 1996 Constitution - (key features)
UNIT 3: RULE OF LAW
3.1
3.2
The Nature and Historical Background of the Rule of Law
The Core Principles of the Rule of Law
UNIT 4: THE DOCTRINE OF SEPARATION OF POWERS
4.1
4.2
4.2.1
4.2.2
4.2.3
4.3
4.3.1
4.3.2
4.3.3
Original Theory of the Separation of Powers and Checks and Balances
Separation of Powers among the three arms of Government:
Executive, Parliament and Judiciary
Parliament and the Executive: Delegated Legislation
Parliament and the Courts
The Executive and the Courts
Checks and Balances among the three arms of Government
The Executive and the Legislature
The Executive and the Courts
Parliament and Courts
UNIT 5: PARLIAMENTARY SUPREMACY / SOVEREIGNTY
5.1
5.2
5.3
Definition and Meaning of the concept of Parliamentary Sovereignty or
Supremacy
Facets of Parliamentary Supremacy
Parliamentary Supremacy and the Rule of Law
PART II: PARLIAMENT AND LEGISLATION
UNIT 6: PARLIAMENT
6.1
6.2
6.3
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.4
Composition of Parliament
The Role / Function / Powers of Parliament
Election of the Members of Parliament (MPs):
The Electoral System for MPs
Qualification
Electoral Campaigns
Election Petitions / Disputes
Vacancy
Relationship between Parliament and the President
UNIT 7: PARLIAMENTARY PROCEDURE
7.1
7.2
7.2.1
7.2.2
7.3
7.3.1
7.3.2
7.3.3
7.3.4
7.3.5
7.4
7.4.1
7.4.2
The Speaker
Legislative Procedure
Public Bills
Private Bills
Legislative Procedure – Stages of a Bill
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
Passing the Bill: manner and Forms
Pass the Bill
Pass the Bill subject to amendments proposed by it
7.4.3
7.5
7.5.1
7.5.2
7.5.3
7.5.4
7.6
7.7
7.7.1
7.7.2
7.7.3
7.7.4
7.7.5
7.8
7.8.1
7.8.2
7.8.3
7.9
7.9.1
7.9.2
Reject the Bill
Parliamentary Privileges & Immunities:
Contempt of Parliament
Exclusive Cognisance
Freedom of Speech and Debate
Freedom from Arrest
Parliament and the Courts
Parliamentary Supervision of the Executive
Questions to Ministers
Debates
Select / Sessional Committees
Supervising Expenditure
Scrutiny of Delegated Legislation
Executive Control of Legislative Procedure
Cutting Short Debate
Parliamentary Caucus
Debate / Toil Party Line
Delegated Legislation
Forms of delegated legislation
Reasons / purpose for delegated legislation
PART III: THE EXECUTIVE
UNIT 8: THE PRESIDENT
8.1
8.1.1
8.1.2
8.1.3
8.1.4
8.1.5
8.1.6
8.1.7
8.1.8
8.1.9
8.2
8.2.1
8.3
8.3.1
8.3.2
8.3.3
8.3.4
Powers of the President
Appointment and Removal Powers
Dissolving Parliament
Create or Abolishing Government Ministries
The Veto Power
The War / State of Emergency Powers
Executive Powers and Privileges
The Power to Grant Pardons – Prerogative of Mercy
Foreign Policy and International Relations
Presidential Immunities
Limits on the Powers of the President
Ratification of some of the Presidential Appointment by Parliament
Election of the President
Qualification
Electoral System
Election Petition / Dispute
Vacancy
UNIT 9: THE CABINET
9.1
9.2
9.3
9.4
9.4.1
Functions of the Cabinet
Appointment and Composition of Cabinet
The Cabinet Office
Ministerial Responsibility and Accountability
Collective Responsibility
9.4.2
9.5
9.5.1
9.5.2
9.5.3
9.5.4
Individual Responsibility
Civil Servants
Definition and Legal Status of a Civil Servant
Appointments and Discipline
Special Advisers
Civil Servants and Ministerial Responsibility
PART IV: ADMINISTRATION OF JUSTICE
UNIT 10: THE JUDICIARY
10.1
10.1.1
10.1.2
10.1.3
10.1.4
10.1.5
10.2
10.3
10.4
10.5
10.5.1
10.5.2
10.5.3
10.6
10.7
10.8
10.9
10.10
10.11
Structure / Hierarchy of the Court System in Zambia
Supreme Court
High Court
Industrial Relations Court
Subordinate Court
Local Court
Constitutional Powers of the Court System
Appointment, Removal / Dismissal, and Retirement of Judges
Composition of the High Court and Supreme Court
Independence of the Judiciary
Independence from the Legislature, and Executive
Independence from Political Bias
Independence from Pressure
Judicial Impartiality
Court’s Decision Making Process, and Constitutional Interpretation
Judicial Activism and Self-Imposed Judicial Restraint
Constraints on Judicial Powers
Judicial Immunity
Enforcement Mechanism - Remedies
PART V: CIVIL RIGHTS AND FREEDOMS
UNIT 11: FUNDAMENTAL RIGHTS GUARANTEED BY THE
CONSTITUTION
11.1 Bill of Rights under the Zambia Constitution
11.2 Personal Freedom
11.2.1 Legal Restraints on the Liberty of the Person
11.2.2 Police Powers
11.2.3 Habeas Corpus and Other Remedies
11.2.4 Privacy and search
11.3 Freedom of Expression
11.4 Freedom of Assembly and Association
11.5 Freedom of Movement
11.6 Freedom from Slavery, Servitude and Forced Labour
11.7 Freedom of Religion
11.8 Right to Property
11.9 Right to Life
11.10 Right to Privacy
11.11 Right to Equal Protection of the Law
11.12 Constitutional Limitations on the Fundamental Rights and Freedoms
RECOMMENDED TEXTBOOKS
1.
Alder John, Constitutional and Administrative Law, Palgrave
Macmillan, 6th Edition, 2008, N.Y.
2.
O.Hood Phillips & Jackson: Constitutional and Administrative Law, 8th
Edition, Sweet & Msxwell, 2001, London.
3.
Rodney Brazier, Constitutional and Administrative, 6th Edition, 1990
4.
Constitution of Zambia