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Periodical article | Leiden University catalogue | WorldCat |
Title: | The rule of law in a constitutional democracy with particular reference to the Zimbabwean experience |
Author: | Dumbutshena, Enoch |
Year: | 1989 |
Periodical: | South African Journal on Human Rights |
Volume: | 5 |
Issue: | 3 |
Pages: | 311-321 |
Language: | English |
Geographic term: | Zimbabwe |
Subjects: | judicial power rule of law |
External link: | https://doi.org/10.1080/02587203.1989.11827779 |
Abstract: | There is nothing more important for the rule of law in a changing society than an independent judiciary. In order to be independent the judiciary must be separated from the legislature and the executive. Although the Zimbabwe Constitution does not define in clear and precise language the separation of powers, the judiciary tries to maintain as between itself and the executive an uncompromising stance in the upholding of the judicial power. The protection of the rights of citizens in the case of Zimbabwe was recognized at the Lancaster House Conference in 1979. These rights, as laid down in chapter 3 of the Constitution, are entrenched for 10 years. Since the Constitution of Zimbabwe permits preventive detention, the remainder of the article deals with the rights of persons placed in preventive detention and the role of the courts in ensuring respect for detainees' rights. Ref. |