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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Judicial reform, constitutionalism and the rule of law in Zambia: from a justice system to a just system
Author:Ndulo, MunaISNI
Year:2011
Periodical:Zambia Social Science Journal (ISSN 2079-5521)
Volume:2
Issue:1
Pages:1-26
Language:English
Geographic term:Zambia
Subjects:judicial system
legal reform
rule of law
External link:http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1018&context=zssj
Abstract:In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security of tenure, and an appointment system that is transparent, takes merit and competence seriously and minimizes political influence in the appointments. While judges need to be accountable for their judgments there is need to guard against those who interpret accountability as getting judges who will deliver desired outcomes in judgments. Bibliogr., notes, sum. [Journal abstract]
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