The influence of the executive arm of government over parliament in the third republic: Zambian experience

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Date
2013-09-26
Authors
Chisha, Paul
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Abstract
Ever since Zambia because independent from Britain in 1964, the Zambian legislature has never been separated from the executive branch of government. This encroachment of the executive on the legislature has negatively impacted on the independence of the legislature, thereby, weakening its legislative functions.The dawning of the 'Third Republic' in 1991, which re-introduced multi-party politics after the twenty seven years of one-party rule, strongly indicated the application of constitutionalism where the executive was expected to be separated from the legislature. Disappointingly, the executive, for wanting to control Parliament introduced a constitutional democracy which gave extensive executive power to the president whilst retaining the encroachment clause that weakens the independence of the legislature.Zambian Parliament is prema-facie independent but it is only the interference by the executive through the front bench that influences its independence. Therefore, to safeguard the independence of the Zambian legislature there is need to re-organise the constitution to provide for the reliable one which can stand the test of time, detach executive from the legislature, cease the presidential appointment of members of Parliament in the executive arm of government, cease, the presidential appointments of National Assembly administrative staff and the definition of the executive powers in the constitution as it is too wide to know the limits.
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Constitutional law--Zambia , Administrative law--Zambia
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