Separation of powers in theory and practice: A Zambian perspective
Chilekwa, Grace Chalwe
MetadataShow full item record
The separation of powers entails the separation of the three arms of government; legislature, judiciary and executive as institutions as well as in their functions. The value of this doctrine does not however lie in its strict application but in checks and balances which enable the organs to share in each others powers in order to ensure that no one organ becomes too powerful and dominates the others. The doctrine is aimed at preventing arbitrary power and ensuring political liberty. It is the focus of the research to determine Zambia's levels of implementation of the doctrine of separation of powers. In doing so, the research examines the levels of interference of these organs in each others operations and whether this interference is unwarranted or meant to serve as a check in order to ensure that they all exercise their power within the scope of their authority. It also analyses the effects of such interference and the possible solutions to the negative effects. Furthermore, the research examines the measures that need to be implemented in order to ensure an independent judiciary which is an important aspect of every democratic state and whether the Zambian judiciary is independent. The research concludes that the strict application of the doctrine of separation of powers is not possible as checks are necessary in order to ensure that these organs do not exceed their authority in exercising their powers. It is therefore important that these organs, in carrying out their functions keep each other within the confines of their authority. In doing so however, the members of these institutions should not aim at furthering their personal interests as the purpose of the doctrine of separation of powers is defeated when this occurs. This is because people then begin to abuse their authority using the power to check as a scapegoat. This results in the principles of constitutionalism and rule of law being violated which in effect violates the separation of powers. Zambia has not fully implemented this doctrine with the executive being the dominant authority and playing an influential role in the functioning of the legislature and judiciary.
SubjectSeparation of Powers--Zambia
- Law