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Questions and Answers
What is the Constitution referred to as in Zambia?
Which entity is responsible for the enactment of laws under the concept of separation of powers?
What happens to a law that is inconsistent with the Constitution in Zambia?
Which state organ is primarily responsible for interpreting the law?
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What is the role of the executive in a state according to the text?
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How does the overlapping of functions among state organs affect their independent running?
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What is the key principle regarding the relationship between the Constitution and other laws in Zambia?
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In the case of Thomas Mumba v The People, what was the issue regarding Section 53(1) of the Corrupt Practices Act?
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How did the Attorney General respond to the defense's argument regarding Section 53(1) of the Corrupt Practices Act?
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What was the judge's ruling in the case of Thomas Mumba v The People?
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What is the consequence if an Act is found to be in contravention of the Constitution?
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What principle did the judge in Thomas Mumba v The People reaffirm regarding the relationship between the Constitution and other laws?
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Study Notes
Zambian Constitution and Law
- The Constitution in Zambia is referred to as the "supreme law" of the nation.
- The entity responsible for enacting laws under the separation of powers doctrine is the Parliament.
- Any law that is inconsistent with the Constitution in Zambia is deemed void and unenforceable.
- The Judiciary is the state organ primarily responsible for interpreting the law.
Role of the Executive
- The executive's role in a state includes enforcing laws, administering government functions, and executing policies determined by the legislature.
Overlapping Functions of State Organs
- Overlapping functions among state organs may compromise their independent operation and lead to conflicts of interest.
Relationship Between Constitution and Other Laws
- The key principle in Zambia emphasizes that the Constitution prevails over all other laws; any conflicting law is rendered invalid.
Case Study: Thomas Mumba v The People
- The issue in Thomas Mumba v The People revolved around the constitutionality of Section 53(1) of the Corrupt Practices Act.
- The Attorney General argued that Section 53(1) did not infringe on the Constitution as alleged by the defense.
- The judge ruled that if an Act contravenes the Constitution, it loses its validity and legal effect.
- The ruling reaffirmed that the Constitution is the ultimate legal authority, rendering any conflicting laws as void.
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Description
Test your knowledge on the supreme law of Zambia, which governs the organization of the political state and its relations with citizens. Learn about the Grund norm and how it functions as the primary source of law in Zambia.
