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Zambia Constitution Law Quiz

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Questions and Answers

What is the Constitution referred to as in Zambia?

Land norm

Basic law

Constitutional law

Supreme law (correct)

Which entity is responsible for the enactment of laws under the concept of separation of powers?

President

Executive

Legislature (correct)

Judiciary

What happens to a law that is inconsistent with the Constitution in Zambia?

It is revised

It remains in effect

It gets amended

It becomes null and void (correct)

Which state organ is primarily responsible for interpreting the law?

Judiciary Signup and view all the answers

What is the role of the executive in a state according to the text?

Policy implementation Signup and view all the answers

How does the overlapping of functions among state organs affect their independent running?

Compromises their independence Signup and view all the answers

What is the key principle regarding the relationship between the Constitution and other laws in Zambia?

The Constitution is the supreme law, and all other laws must be consistent with its provisions. Signup and view all the answers

In the case of Thomas Mumba v The People, what was the issue regarding Section 53(1) of the Corrupt Practices Act?

It required the accused to give evidence under oath, which was argued to violate the right against self-incrimination. Signup and view all the answers

How did the Attorney General respond to the defense's argument regarding Section 53(1) of the Corrupt Practices Act?

The Attorney General argued that the section did not compel the accused to give evidence and preserved the right to remain silent. Signup and view all the answers

What was the judge's ruling in the case of Thomas Mumba v The People?

The judge did not provide a clear ruling on the constitutionality of Section 53(1). Signup and view all the answers

What is the consequence if an Act is found to be in contravention of the Constitution?

The Act is considered null and void unless the Constitution is amended. Signup and view all the answers

What principle did the judge in Thomas Mumba v The People reaffirm regarding the relationship between the Constitution and other laws?

The Constitution is the supreme law, and any other laws made must be subject to it. Signup and view all the answers

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.