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THE 1996 ZAMBIAN CONSTITUTION AND THE SEARCH FOR A DURABLE DEMOCRATIC CONSTITUTIONAL ORDER IN AFRICA

THE 1996 ZAMBIAN CONSTITUTION AND THE SEARCH FOR A DURABLE DEMOCRATIC CONSTITUTIONAL ORDER IN AFRICA 1. INTRODUCTION Since gaining independence in the early 1960s African countries, have been searching for appropriate constitutional arrangements to govern themselves. For many the progress, thus far, has been slow, difficult and at times painful. In the case of Zambia, the search has taken the country through four constitutions since independence from the United Kingdom in 1964.1 This has not unfortunately resulted in the progressive development of democracy and good governance in the country. The last exercise - the 1996 Zambian Constitution- has, arguably, left the country divided and with the least democratic constitution since independence. In this article, we discuss the adoption of the 1996 constitution? Through this discussion, we explore the larger issues of constitution making in Africa and the prerequisites for the establishment of a durable democratic constitutional order. Constitution making and the building of a capable state should aim at building national consensus, ensuring the establishment of democratic governance, establishing institutions to check arbitrary state actions and combat corruption, and provide for the empowerment of the citizens of a country to oversee government conduct. There is wide acknowledgment that without a good, efficient and capable government, economic and social development are impossible.3 In reference http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Yearbook of International Law Online Brill

THE 1996 ZAMBIAN CONSTITUTION AND THE SEARCH FOR A DURABLE DEMOCRATIC CONSTITUTIONAL ORDER IN AFRICA

African Yearbook of International Law Online , Volume 5 (1): 38 – Jan 1, 1997
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6176
DOI
10.1163/221161797X00077
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Abstract

1. INTRODUCTION Since gaining independence in the early 1960s African countries, have been searching for appropriate constitutional arrangements to govern themselves. For many the progress, thus far, has been slow, difficult and at times painful. In the case of Zambia, the search has taken the country through four constitutions since independence from the United Kingdom in 1964.1 This has not unfortunately resulted in the progressive development of democracy and good governance in the country. The last exercise - the 1996 Zambian Constitution- has, arguably, left the country divided and with the least democratic constitution since independence. In this article, we discuss the adoption of the 1996 constitution? Through this discussion, we explore the larger issues of constitution making in Africa and the prerequisites for the establishment of a durable democratic constitutional order. Constitution making and the building of a capable state should aim at building national consensus, ensuring the establishment of democratic governance, establishing institutions to check arbitrary state actions and combat corruption, and provide for the empowerment of the citizens of a country to oversee government conduct. There is wide acknowledgment that without a good, efficient and capable government, economic and social development are impossible.3 In reference

Journal

African Yearbook of International Law Online – Brill

Published: Jan 1, 1997

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