Constitution Making: The Role of External Actors

In the past three decades new constitutions have been developed in many parts of the world, often in the aftermath of conflicts, but also in response to demands for more democratic political systems or for the resolution of institutional crises. In these processes, the international community often plays an important role. This article considers the role that external actors play in the elaboration and development of new constitutions in post-conflict societies. It identifies both the negative and the positive roles external intervention can play and suggests approaches that could be adopted by external actors to maximize their impact while avoiding the pitfalls of external intervention

Bill 10, if Enacted, Will Install a Constitutional Dictatorship and Undermine Democracy in Zambia

Zambia has made several attempts to elaborate a democratic constitution that promotes good governance, inclusiveness, citizen participation, accountability, and the separation of powers between the three arms of government-parliament, the judiciary, and the executive. Success has been elusive largely because the processes used have been inappropriate for consensus building. The latest attempt, the Constitution Amendment Bill No. 10 of 2019, which came out of a ruling party dominated constitutional conference, is presently before parliament. The constitutional conference excluded key stake holders such as the main opposition party and civil society. The paper critically examines the contents of Bill 10 and its constitutionality. It argues that Bill 10 removes parliamentary oversight over the executive and aims to create a constitutional dictatorship. The paper further argues that Bill 10 is unconstitutional as it seeks to alter the basic structure of the 2016 Zambian constitution. The fundamental basic structure of the 2016 constitution is the separation of powers between the three arms of government-parliament, the judiciary, and the executive. The paper argues that while parliament has wide powers to amend the constitution, that power does not include the power to destroy or emasculate the basic structure or fundamental features of the constitution

Constitution Making: The Role of External Actors

In the past three decades new constitutions have been developed in many parts of the world, often in the aftermath of conflicts, but also in response to demands for more democratic political systems or for the resolution of institutional crises. In these processes, the international community often plays an important role. This article considers the role that external actors play in the elaboration and development of new constitutions in post-conflict societies. It identifies both the negative and the positive roles external intervention can play and suggests approaches that could be adopted by external actors to maximize their impact while avoiding the pitfalls of external intervention

Law, Lawyers and Sustainable Development: Reflections of a Fellow Traveler

At the national level, the rule of law is necessary to create an environment for providing sustainable livelihoods and eradicating poverty. Poverty often stems from disempowerment, exclusion and discrimination. The rule of law fosters development through strengthening the voices of individuals and communities, by providing access to justice, ensuring due process and establishing remedies for the violation of rights. Security of livelihoods, shelter, tenure and contracts can enable and empower the poor to defend themselves against violations of their rights. Legal empowerment goes beyond the provision of legal remedies and supports better economic opportunities. In order for the rule of law to further sustainable development outcomes, it must ensure protection for all human rights, including, economic, social and cultural rights and the right to development. The role of law and lawyers in Africa is seen here as to help the development process by understanding the social and economic matrix in which legal norms are essentially a super structure, and making the lawyers expert knowledge to bear on this process in order to make the norms more functional to the development process

Bill 10, if Enacted, Will Install a Constitutional Dictatorship and Undermine Democracy in Zambia

Zambia has made several attempts to elaborate a democratic constitution that promotes good governance, inclusiveness, citizen participation, accountability, and the separation of powers between the three arms of government-parliament, the judiciary, and the executive. Success has been elusive largely because the processes used have been inappropriate for consensus building. The latest attempt, the Constitution Amendment Bill No. 10 of 2019, which came out of a ruling party dominated constitutional conference, is presently before parliament. The constitutional conference excluded key stake holders such as the main opposition party and civil society. The paper critically examines the contents of Bill 10 and its constitutionality. It argues that Bill 10 removes parliamentary oversight over the executive and aims to create a constitutional dictatorship. The paper further argues that Bill 10 is unconstitutional as it seeks to alter the basic structure of the 2016 Zambian constitution. The fundamental basic structure of the 2016 constitution is the separation of powers between the three arms of government-parliament, the judiciary, and the executive. The paper argues that while parliament has wide powers to amend the constitution, that power does not include the power to destroy or emasculate the basic structure or fundamental features of the constitution