Definition: A constitution is a system of laws, customs, and principles, often written down, that governs a country or organization. ๐๏ธ๐
Customs: Refer to accepted traditions and habits of people in a society. ๐๐
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. โ๏ธ๐
Types of Constitutions ๐๐
Written Constitutions โ๏ธ๐
Unwritten Constitutions ๐๐
1. Written Constitution ๐๐
Purpose: Citizens discuss and agree on a set of rules by which they will be governed. ๐ค๐ณ๏ธ
Examples: Zambia, Botswana, Tanzania, Namibia, South Africa, and the USA. ๐๐ฟ๐ฒ๐ง๐ผ๐น๐ฟ๐ณ๐ฆ๐ฟ๐ฆ๐บ๐ธ
Advantages of a Written Constitution โ ๐
Carefully drawn: Drafted with deliberation and care. ๐๏ธ
Clear and definite: Easy to understand. ๐
Stable and steady: Less prone to frequent changes. โ๏ธ
Judicial protection: Provides protection from manipulation by the judiciary. ๐ก๏ธ
Guarantees rights: Protects individuals and guarantees their rights. ๐๏ธ
Disadvantages of a Written Constitution โ๐
Inflexible: Difficult to adapt to emergencies or societal changes. โ ๏ธ
Rigid: Compresses ideals and political principles into one document, making amendments difficult. ๐
2. Unwritten Constitution ๐๐
Example: The British Constitution. ๐ฌ๐ง๐
Advantages of an Unwritten Constitution ๐๐
Flexible: Easily adaptable to societal changes. ๐
Emergency adaptability: Can be adjusted to meet national emergencies. ๐จ
Prevents revolutions: Satisfies popular demands legally. ๐๏ธ
Disadvantages of an Unwritten Constitution โ ๏ธ๐
Unstable: Easily altered or twisted. ๐
Vague: Lacks clarity and definiteness. โ
Judicial manipulation: Susceptible to manipulation by the judiciary. โ๏ธ
Forms of Constitutions ๐๏ธ๐
Flexible Constitution: Easily amended by the majority of eligible citizens without a referendum. ๐๐ณ๏ธ
Rigid Constitution: Cannot be easily amended; usually requires a different body like a Constituent Assembly or a referendum. ๐๏ธ๐
Structure of the Zambian Constitution ๐ฟ๐ฒ๐
The Zambian Constitution begins with a Preamble which is an introduction to the document. ๐
The preamble states, โWe, 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 Constitutionโ. ๐๏ธ
Part I: National Sovereignty and the State โ Declaration of Zambia as a sovereign state. ๐ฟ๐ฒ
Part II: Citizenship โ Qualifications and conditions for Zambian citizenship. ๐
Part III: Fundamental Rights and Freedoms โ Protection of individuals' rights and freedoms. ๐ก๏ธ
Part IV: The Executive โ Powers of the president, ministers, and other executive officials. ๐
Part V: The Legislature โ Legislative powers and qualifications for parliament members. ๐๏ธ
Part VI: The Judicature โ Court systems and appointment of judges. โ๏ธ
Part VII: Defense and National Security โ Functions of the Zambia Defense Forces and Zambia Police Service. ๐ก๏ธ๐ฎ
Part VIII: Local Government System โ Structure and functions of local councils. ๐๏ธ
Part IX: Directive Principles of State Policy โ National policy directives and duties of citizens. ๐
Part X: Finance โ Taxation, public debt, Auditor General's role. ๐ฐ
Part XI: Service Commissions โ Commissions like pension and Human Rights Commission. ๐ข
Part XII: Chiefs and House of Chiefs โ Role and structure of traditional chiefs. ๐
History of Constitution Making in Zambia ๐๐
Year
Constitution Review Commission
Main Recommendations
1972
Chona Commission
Established a One-Party State. ๐๏ธ
1991
Mvunga Commission
Reintroduced multiparty democracy. ๐ณ๏ธ
1995
Mwanakatwe Commission
Required presidential candidates to have Zambian-born parents. ๐ฟ๐ฒ
2005
Mungโomba Commission
Recommendations were not adopted. โ
2016
Amendment Act No. 2
Introduced the "Running Mate," dual citizenship, and a 50%+1 vote system. ๐ณ๏ธ
Constitution Making and Adoption Process ๐๏ธ๐
Constitution Making Process ๐๐ค
Constituent Assembly: Elected representatives from various interest groups formulate or adopt a constitution. ๐ณ๏ธ
Constitutional Review Commission: A president-appointed group gathers public views on what should be included in the constitution. ๐ฃ
Constitution Adoption Process ๐๐๏ธ
Through Parliament: The draft constitution is debated and adopted by parliament. ๐๏ธ
Through a Constituent Assembly: A more representative method where citizens identify with the views expressed by their elected representatives. ๐ค
Characteristics of a Good Constitution ๐๐
Clarity: Easily understood by citizens. ๐
Rights Protection: Safeguards the rights and freedoms of all citizens. ๐ก๏ธ
Long-lasting: Stable enough to stand the test of time. โณ
Balanced: Neither too rigid nor too flexible, preventing arbitrary changes. โ๏ธ
Importance of a Constitution ๐๏ธ๐
Ensures Democratic Governance: Promotes equal opportunities and individual development. ๐๐ค
Owned by Citizens: Protected by the people. ๐ฅ๐ก๏ธ
Protects the Rule of Law: Upholds fundamental rights and freedoms. โ๏ธ๐
Sample Questions โ๐
What is a Constitution Review Commission? ๐
Differentiate a flexible constitution from a rigid one. โ๏ธ
Discuss the characteristics of a good constitution with examples. ๐
Explain the main features of the Zambian Constitution. ๐ฟ๐ฒ
