Describe types of constitution
There are only two types of constitution namely;
(a) Written constitution- is a constitution whose provisions or contents are embodied or documented in a
single formal document.
(b) Unwritten constitution- is a constitution whose provisions are not found in a single document but in a
collection of documents.
Note: written or unwritten constitution can either be flexible or rigid constitution.
Forms of constitution
a) Flexible constitution is a constitution whose provisions are easy to amend, example is the Zambian
constitution.
b) Rigid Constitution is one that is difficult to amend. It can only be amended by a special body and
special procedure. Such bodies include Constituent Assembly (CA), National Constitutional
Conference (NCC) and the Referendum (Plebiscite).
Explain the main parts of the Zambian constitution.
PARTS OF THE ZAMBIAN CONSTITUTION
PART TITLE CONTENT
1 National sovereignty and state: Declaration of Zambia as a sovereign state.
2 Citizenship: Deals with the qualifications for Zambian citizenship and
condition which can lead to withdrawal of Zambia
citizenship.
3 Protection of the fundamental
rights and freedoms of the
individual:
-Deals with the rights and freedoms of individuals which
are protected.
-Stating and protection of rights and freedoms of
individuals.
4 The Executives Elections, tenure of the office and removal of president
from office, functions of president, ministers and deputy
ministers, secretary to the cabinet, Attorney general,
solicitor general, DPP and advisory committee.
5 Legislature Qualifications for election of national assembly, legislative
powers, membership of parliament and composition of
National Assembly.
6 The Judiciary Courts and appointment of judges, High court, Supreme
court, chairman and deputy chairman of Industrial Relations
court.
7 Defence and National Security The functions of the Zambian Defence force, the Zambia
police service, the prisons service and the Zambia Security
intelligence service.
8 Local Government System. Structure and functions of local councils.
9 Directive principles of state
policy and the duties of a citizen.
Development of national policies, implementation of
national policies, making and enactment of laws and
application of the constitution and any other law.
10 Finance Taxation, withdrawal of monies from general revenue,
financial reports, remuneration of officers, public.
11 Service Commissions. Commissions, Pension laws and protection.
12 Human Rights Commission. It establishes the independence, functions, powers,
composition and procedures.
13 Chiefs and House of Chiefs. Institutions of Chiefs, House of Chiefs, functions powers
composition.
14 Miscellaneous Resignations, re-appointments, concurrent appointment.
NOTE: The 1996 constitution begins with a preamble which is an introduction to the document.
Describe the process of constitution making and adoption.
This means the process of approving the copy of a draft constitution.
There are three methods of adopting the constitution, these are;
- Through Parliament- the draft constitution is taken to parliament where the members of parliament
debate on the draft before adopting it. For example, Zambia used this three times in all the three
constitution review commissions. - Constituent Assembly- (CA)
-This is a body of representatives elected by their respective interest groups to formulate,
amend or adopt a constitution of a country.
-Representatives are drawn from churches, learning institutions, trade unions and student
bodies.
-This method is more democratic and more favourable to Zambian citizenry because it is
free from government interference.
-The adoption of the constitution by a CA is more representative than by parliament.
– Countries such as the United States of America, India, Namibia, Uganda, South Africa,
Kenya, and Ethiopia adopted their constitutions through the CA. - Referendum
– The Draft constitution is subjected to the general public to approve it through a public vote.
– If more than half of the votes cast are in favour of the amendment (50%+1), the
Constitution would have been adopted and the Republican President will assent the Draft
copy to legitimise it.
**The National Constitutional Conference (NCC) -The choosing of the members of Assembly of the
NCC is similar to that of the CA in that its members are drawn from various interest groups but it is a
conventional method. The only difference is that the final draft constitution of the NCC has to be adopted by
parliament.
Discuss the characteristics of a good constitution
A good constitution must be:
-Clear- language used must not be too difficult for ordinary citizens must to understand.
– Be neither too rigid to prevent change nor too flexible to encourage tempering with the
basic principles.
– Be stable and stand the test of time or must last for a long period of time (Durable).
– Protect and respond to the social, economic and political needs of citizens.
– Cater for the interests of various groups in society.
-Protect the rights of citizens.
Explain the importance of a constitution to a nation.
A constitution is important because it;-
-Protects and promotes the rule of people.
– Sets out the composition and functions of the wings of government.
-Safeguards the fundamental rights and freedoms of citizens.
-Is owned and guarded by citizens.
– Ensures democratic governance.
– Gives equal opportunities for individual development.
