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Judicial review and the protection of human rights in Zambia: A critical evaluation of order 53 in the protection of human rights
(2013-09-26) Kapilima, Simon Mulenga
Human Rights have become a burning issue world over, more so with the current wind of Liberal Democracy sweeping across the whole world, which entails achieving and sustaining a good Human Rights record by individual Countries.This presentation therefore, endeavours to examine human rights from a different perspective, i.e. different from the traditional view of human rights abrogation through unconstitutional means involving the state and its administrative agencies, but rather those violations suffered at the hands of individuals. Through a well recognized means of Judicial Review of administrative action by the Courts, the paper examines the role of the judiciary through decided cases. The focus of the work is centred on illustrating how the process of Judicial Review has been used to protect the violated rights of individuals from administrative organs and also how the violations can be effectively addressed through Judicial Review, a concept of study in administrative and Constitutional Law. The essay will look at Judicial Review as a concept and the State through its administrative agencies as a custodial of human rights laws.