An evaluation of the effectiveness of judicial review and its impact on the system of checks and balances in Zambia

Abstract

This research evaluated the effectiveness of the Judicial Review system and its impact on the system of checks and balances in Zambia. The objectives of the research were to evaluate the Judicial Review system and identify possible areas of improvement and also to identify pragmatic measures to improve the impact of Judicial Review on the system of checks and balances. The research was mainly qualitative and based on secondary information, namely; cases, statues, text books, journals, articles, paper presentations and student obligatory essays.The dissertation examined the basis of the source of the Court's power to review administrative action. The research also examined the law that regulates Judicial Review in Zambia. The research, through case analysis found that the Zambian Judicial Review system is moderately non functioning and there is need for improvement. The research identified the following areas in the Judicial Review system that are lagging behind in terms of operational status: the inadequacy of the available remedies, archaic grounds for review, the lack of express constitutional recognition of the High Court's power of review and the lack of local legislation to govern the procedural and substantive aspects of Judicial Review. The dissertation also analysed the impact of Judicial Review on the system of Checks and Balances in the Zambian context. In furtherance of this objective the research identified several factors such as the constitutional and legislative framework, the budgetary structure of the judiciary and independence of the judiciary that limit the impact of Judicial Review on the system of checks and balances. Some of the important recommendations to improve the effectiveness of Judicial Review enclosed by the research include: Adoption of a local legislation to provide for Judicial Review, widening the scope of sufficient interest to commence an action for Judicial Review, forming clear set of rules in making a determination in an application for leave and making provision for adequate remedies to the successful applicant in a matter against the State. While measures that can improve the impact of Judicial Review on the system of Checks and balances include: making provision in the Constitution to expressly state and reflect the power of the High Court to entertain Judicial Review proceedings and also the constitution to provide proviso for the doctrine checks and balances; enabling the Judiciary to be independent to review the action of the other two branches of government; and coordination between the executive, legislature and the judiciary in the appointment of judges.