This module introduces learners to the study of constitutional law. It begins by giving an explanation of what constitutional law is, its sources and how it comes about. The module further looks at the different types of constitutions there are, their classifications and characteristics. It then ventures into the specific issues of governance by looking at the rule of law, separation of powers, local government, electoral systems and process, the legislative process and ends with parliamentary privileges and immunities then bicameral and unicameral legislatures. The module equips learners with the very important knowledge on issues of governance and constitutionalism.
OBJECTIVES
The objectives of this module are:
- To explain what constitutional law is and how it is distinguished from a constitution
- To identify and explain the different types, classifications and characteristics of constitutions there are.
- To explain the importance of constitutional law in the governance of a country.
- To examine the relationship between constitutional law and other of law
- To identify the sources of and explain how constitutions are made.
- To examine the different constitutional doctrines and their impact on governance.
- To examine selected judgements to explain the significance of constitutional law in governance.
LEARNING OUTCOMES
At the end of this module you should be able to:
- Know what constitutional law is and its distinction to a constitution.
- Know and explain where constitutional law and a constitution come from
- Identify and explain the different types, classifications and characteristics of constitutions there are.
- Explain the importance of constitutional law in governance.
- Know and explain the different doctrines of governance that enhance democracy and accountability.
- Know and explain how constitutional law regulates the conduct and exercise of government power with reference to selected decisions of courts.
UNIT 1 – INTRODUCTION TO CONSTITUTIONAL LAW
UNIT 2 – CHARACTERISTICS OF CONSTITUTIONS
UNIT 3 – CLASSIFICATIONS OF CONSTITUTIONS
UNIT 4 – ZAMBIAN CONSTITUTION – SALIENT FEATURES
UNIT 5 – THE BILL OF RIGHTS
UNIT 6 – THE RULE OF LAW
UNIT 7 – SEPARATION OF POWERS
UNIT 8 – PARLIAMENTARY SOVEREIGNTY
UNIT 9 – CENTRAL AND LOCAL GOVERNMENT
UNIT 10 – RESPONSIBLE GOVERNMENT
UNIT 11 – ELECTORAL SYSTEMS AND PROCESS
UNIT 12 – THE LEGISLATIVE PROCESS
UNIT 13 – PARLIAMENTARY PRIVILEGES AND IMMUNITY
RECOMMENDED READING
Besa Mulenga. (2019). Administrative Law and Process: Cases and Commentaries. Ndola: Mission Press
Besa Mulenga. (2016) Constitution, Governance and Democracy. Ndola: Mission Press
Dicey. A.V. (1885). Introduction to the Study of the Law of the Constitution. Oxford: OUP
Hilaire Barnet. (Latest edition). Constitutional & Administrative Law. London: Cavendish Publishing Limited