Definition: A constitution is a system of laws, customs, and principles, often written down, that governs a country or organization. 🏛️📜

Customs: Refer to accepted traditions and habits of people in a society. 🎉🌍

Supreme Law: The constitution is the supreme law to which all other laws are subordinate. A nation needs a constitution to regulate the activities of its citizens. ⚖️📜

Types of Constitutions 📚📖

• Written Constitutions ✍️📝
• Unwritten Constitutions 📖📜

1. Written Constitution 📝📜

Purpose: Citizens discuss and agree on a set of rules by which they will be governed. 🤝🗳️

Examples: Zambia, Botswana, Tanzania, Namibia, South Africa, and the USA. 🌍🇿🇲🇧🇼🇹🇿🇳🇦🇿🇦🇺🇸

Advantages of a Written Constitution ✅📜

• Carefully drawn: Drafted with deliberation and care. 🖊️
• Clear and definite: Easy to understand. 📖
• Stable and steady: Less prone to frequent changes. ⚖️
• Judicial protection: Provides protection from manipulation by the judiciary. 🛡️
• Guarantees rights: Protects individuals and guarantees their rights. 🗝️

Disadvantages of a Written Constitution ❌📜

• Inflexible: Difficult to adapt to emergencies or societal changes. ⚠️
• Rigid: Compresses ideals and political principles into one document, making amendments difficult. 🔒

2. Unwritten Constitution 📜📖

Example: The British Constitution. 🇬🇧📜

Advantages of an Unwritten Constitution 🌟📜

• Flexible: Easily adaptable to societal changes. 🔄
• Emergency adaptability: Can be adjusted to meet national emergencies. 🚨
• Prevents revolutions: Satisfies popular demands legally. 🕊️

Disadvantages of an Unwritten Constitution ⚠️📜

• Unstable: Easily altered or twisted. 🔄
• Vague: Lacks clarity and definiteness. ❓
• Judicial manipulation: Susceptible to manipulation by the judiciary. ⚖️

Forms of Constitutions 🏛️📜

Flexible Constitution: Easily amended by the majority of eligible citizens without a referendum. 🔄🗳️

Rigid Constitution: Cannot be easily amended; usually requires a different body like a Constituent Assembly or a referendum. 🏛️📜

Structure of the Zambian Constitution 🇿🇲📜

The Zambian Constitution begins with a Preamble which is an introduction to the document. 📜 The preamble states, ‘We, the people of Zambia by our representatives, assembled in our Parliament, having solemnly resolved to maintain Zambia as a sovereign Democratic Republic and that Zambia shall forever remain a unitary, indivisible, multiparty and Democratic Sovereign State; do hereby enact and give ourselves this Constitution’. 🏛️

• Part I: National Sovereignty and the State — Declaration of Zambia as a sovereign state. 🇿🇲
• Part II: Citizenship — Qualifications and conditions for Zambian citizenship. 🆔
• Part III: Fundamental Rights and Freedoms — Protection of individuals' rights and freedoms. 🛡️
• Part IV: The Executive — Powers of the president, ministers, and other executive officials. 👔
• Part V: The Legislature — Legislative powers and qualifications for parliament members. 🏛️
• Part VI: The Judicature — Court systems and appointment of judges. ⚖️
• Part VII: Defense and National Security — Functions of the Zambia Defense Forces and Zambia Police Service. 🛡️👮
• Part VIII: Local Government System — Structure and functions of local councils. 🏘️
• Part IX: Directive Principles of State Policy — National policy directives and duties of citizens. 📜
• Part X: Finance — Taxation, public debt, Auditor General's role. 💰
• Part XI: Service Commissions — Commissions like pension and Human Rights Commission. 🏢
• Part XII: Chiefs and House of Chiefs — Role and structure of traditional chiefs. 👑

History of Constitution Making in Zambia 📜📅

Constitution Making and Adoption Process 🏛️📜

Constitution Making Process 📝🤝

• Constituent Assembly: Elected representatives from various interest groups formulate or adopt a constitution. 🗳️
• Constitutional Review Commission: A president-appointed group gathers public views on what should be included in the constitution. 📣

Constitution Adoption Process 📜🏛️

• Through Parliament: The draft constitution is debated and adopted by parliament. 🏛️
• Through a Constituent Assembly: A more representative method where citizens identify with the views expressed by their elected representatives. 🤝

Characteristics of a Good Constitution 🌟📜

• Clarity: Easily understood by citizens. 📖
• Rights Protection: Safeguards the rights and freedoms of all citizens. 🛡️
• Long-lasting: Stable enough to stand the test of time. ⏳
• Balanced: Neither too rigid nor too flexible, preventing arbitrary changes. ⚖️

Importance of a Constitution 🏛️🌍

• Ensures Democratic Governance: Promotes equal opportunities and individual development. 🌍🤝
• Owned by Citizens: Protected by the people. 👥🛡️
• Protects the Rule of Law: Upholds fundamental rights and freedoms. ⚖️📜

Sample Questions ❓📚

• What is a Constitution Review Commission? 📜
• Differentiate a flexible constitution from a rigid one. ⚖️
• Discuss the characteristics of a good constitution with examples. 🌟
• Explain the main features of the Zambian Constitution. 🇿🇲
• Why is a constitution important to a nation? 🌍