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Periodical article | Leiden University catalogue | WorldCat |
Title: | The Zambian constitution and the principles of constitutional autochthony and supremacy |
Author: | Anyangwe, Carlson |
Year: | 1997 |
Periodical: | Zambia Law Journal |
Volume: | 29 |
Pages: | 1-32 |
Language: | English |
Geographic term: | Zambia |
Subjects: | constitutions 1996 |
Abstract: | This article discusses the Constitution of the Republic of Zambia 1996 in relation to the principles of constitutional autochthony and supremacy. In an introduction, the author notes the widespread constitutional instability in the African continent and summarizes the genesis and drafting style of Zambia's fourth constitution in thirty-two years. The bulk of the article focuses on legal continuity, autochthony, legitimacy, the subordination of all persons, institutions and legislation to the constitution, the juridical status of the preamble and the justiciability of its provisions. The author contends that the Zambian Constitution is substantively, but probably not procedurally, autochthonous. He also argues that the concept of parliamentary sovereignty, in the sense of Parliament being 'sovereign' and legislation passed by it inviolable, has no place in Zambia's Constitution. The Constitution, being the supreme law of the land, towers above all norms, persons, authorities and institutions in the State and is unsufferable of any legislation inconsistent with it. By way of conclusion, the author considers three topical matters to which recent African constitutions now appear to be paying closer attention, viz. chieftaincy, the opposition and the alteration of the constitution. Notes, ref., sum. |