Product Description
Commentary on Public Law in Zambia (eBook)
Author: J Chirwa
Format: Digital
This is a no-holds-barred commentary on public law in Zambia that considers good governance, politics and human rights. Evoking the spirit and style of eminent law writers such as Sir Blackstone and Lord Denning, the author presents a commentary on cardinal issues in public administration and law in a provocative yet informative way.
Commentary on Public Law in Zambia: Law, Politics and Governance covers a wide range of subjects from constitutionalism to human rights, democracy to good governance, executive authority to judicial independence, parliamentary practice and procedure to the office of the Public Protector, and more, in the course of its sixteen chapters.
Joseph Chirwa shows himself to be the future of legal scholarship and writing in Zambia, learning from the best Zambia has produced, among others Professor Muna Ndulo, Supreme Court Justice Mumba Malila, SC and retired Justice Patrick Matibini, SC.
The book deals with the following topics:
constitutional theory and practice
judicial independence
parliamentary procedure and practice
the Public Protector
proceedings against the state
the politics of state-owned enterprises
the executive authority
judicial review
the electoral process
institutions of good governance
constitutional protection of human rights
environmental law and policy
contempt of court
public interest litigation
the tribunal system
commissions
Contents:
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DEDICATION
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ABOUT THE AUTHOR
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FOREWORD
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PREFACE
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ACKNOWLEDGEMENTS
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TABLE OF CASES
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TABLE OF LEGISLATION
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CHAPTER 1: CONSTITUTIONAL THEORY AND PRACTICE
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1.1 Constitutionalism and supremacy of the Constitution
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1.2 Rule of law
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1.2.1 Government under law
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1.2.2 Equality before the law
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1.2.3 Discretion and the rule of law
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1.3 Separation of powers and checks and balances
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1.3.1 Separation of powers: reality or myth?
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1.3.2 Of checks and balances
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1.4 Good governance and democracy
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CHAPTER 2: JUDICIAL INDEPENDENCE
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2.1 Conceptualising judicial independence
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2.2 From whom should the judiciary be independent?
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2.3 Facets of judicial independence
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2.4 Accountability of the judiciary
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2.5 The Judicial Code of Conduct
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2.6 The judiciary and human rights
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2.7 The judiciary and politics
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CHAPTER 3: PARLIAMENTARY PROCEDURE AND PRACTICE
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3.1 National Assembly or Parliament?
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3.2 The Speakership
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3.2.1 Administrative functions
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3.2.2 Institutional functions
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3.3 Leader of Government Business
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3.4 Leader of the Opposition
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3.5 The Government Chief Whip, Deputy Chief Whip and Party Whips
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3.6 Clerk of the National Assembly
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3.7 Committee system
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3.7.1 House-keeping committees
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3.7.2 General purpose committees
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3.7.3 Portfolio committees
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3.8 Powers and privileges
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3.8.1 Parliamentary immunity
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3.8.2 Parliamentary privilege
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3.8.3 Parliamentary power
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3.9 Controls on administrative actions
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3.10 The law-making process
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3.10.1 First reading
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3.10.2 Second reading
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3.10.3 Committee stage
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3.10.4 Report stage
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3.10.5 Third reading
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3.10.6 Presidential assent
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CHAPTER 4: THE PUBLIC PROTECTOR
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4.1 History
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4.2 Rationale
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4.3 Functions
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4.4 Remedies
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CHAPTER 5: PROCEEDINGS AGAINST THE STATE
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5.1 Should proceedings be entered against the ‘state’ or the‘government’?
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5.2 Liability of the state in tort
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5.3 Liability of the state in contract
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5.4 Criminal liability against the state?
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5.5 Immunities of the state
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CHAPTER 6: THE POLITICS OF STATE-OWNED ENTERPRISES
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6.1 Legal basis for state-owned enterprises
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6.2 Rationale and objectives of public enterprises
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6.3 Types of public enterprises
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6.3.1 Departmental undertaking
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6.3.2 Joint stock company
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6.3.3 Public corporation
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6.3.4 Holding company
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6.4 Corporate governance
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6.4.1 Minister-in-Charge of Portfolio
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6.4.2 Industrial Development Corporation
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6.4.3 Board of Directors
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6.4.4 Executive management
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6.5 Accountability and control
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6.5.1 Parliamentary control
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6.5.2 Judicial control
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6.5.3 Ministerial control
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6.5.4 Control through audit
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6.5.5 Internal controls
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CHAPTER 7: THE EXECUTIVE AUTHORITY
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7.1 The foundation of the executive authority
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7.1.1 What is the executive?
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7.1.2 Authority
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7.1.3 Power
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7.2 Theories of executive power
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7.2.1 The residual power theory
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7.2.2 The inherent power theory
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7.2.3 The specific grant theory
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7.3 The Presidency
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7.4 The Vice-President
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7.5 The Cabinet
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7.5.1 Cabinet meetings
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7.5.2 Cabinet committees and their functions
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7.5.3 Principles of Cabinet
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7.6 Ministers
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7.7 Provincial Ministers
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7.8 The civil service
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7.8.1 Principles governing the civil service
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7.8.2 Code of Ethics
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7.9 Defence and security
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7.9.1 Defence force and functions
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7.9.2 National security services and functions
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7.10 Local government
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7.11 Regulatory agencies and advisory bodies
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CHAPTER 8: JUDICIAL REVIEW
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8.1 Nature
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8.2 Scope
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8.3 Public bodies for the purpose of judicial review
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8.4 Requirement of locus standi
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8.5 Grounds for judicial review
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8.5.1 Illegality
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8.5.2 Procedural impropriety
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8.5.3 Unreasonableness
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8.5.4 Proportionality
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8.6 Legitimate expectation and the future of judicial review
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8.7 Remedies under judicial review
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8.7.1 Certiorari
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8.7.2 Prohibition
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8.7.3 Mandamus
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