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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Legal controls of administrative powers: traditional methods and assumptions and their relevance and application in contemporary Zambia
Author:Mumba, S.K.C.
Periodical:Zambia Law Journal
Notes:biblio. refs.
Geographic terms:Zambia
Central Africa
Subjects:rule of law
Legal protection
administrative law
judicial power
Abstract:In practice, virtually every modern political system purports to be founded on the rule of law. In ascertaining whether a country respects the rule of law, it is necessary to consider the nature of those rules and laws that have been enacted to authorize or legitimize public power, and to consider the institutions and procedures which have been established to ensure accountability on the part of those who exercise public power, and the effectiveness of such institutions and procedures. This paper concentrates on the latter issue in one country, Zambia. It examines certain institutions and procedures which are today established as the traditional methods of controlling administrative powers, viz. judicial control (in English and Zambian law), parliamentary control, administrative adjudication and ombudsmanship. The conclusion is that the Zambian legal system possesses some very impressive devices for ensuring that Zambians are governed by law and not by men. Unfortunately, impressive legal controls of administrative powers do not automatically guarantee the rule of law. They have to be invoked and implemented. However, there has been evidence in recent years that these controls are slowly becomimg more relevant to the Zambian Government. Notes, ref.