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