Elements of a good legal system in zambia pdf

Identify the main sources of zambian law and other essential elements of the zambian legal system. Notes of the legal system of zambia zambian watchdog. The characteristics of a good legal system the law is a body of rules that is designed to control the blameworthy conduct of individuals. Judicial reform, constitutionalism, and the rule of law in zambia. The legal systems of nearly all countries are generally modeled upon elements of five main types. The doctrine of judicial precedent 151 you ll out your claim form you must identify what it is you are suing forotherwise neither the court nor the defendant can respond. Introduction the phenomenon of genderbased violence is pervasive around the world, experienced by some one in three women in their lifetimes. Generally speaking, the laws of england occupy a special place in zambia. Da6business law learning outcomes on successful completion of d6, students should be able to.

Law from the same university and has done research with various consultancy firms in swaziland before. It is evident that the american legal system has slowly been adapting itself to. Elements of a good legal system elements of a good legal. Metzler t has been observed that we are living in a changed world, a world of new moral concepts but of outworn legal institutions.

Legal the elements of a good legal system by adriana. Sharia is the most widespread religious legal system see islamic law, and is the sole system of law for countries including iran, the maldives, and saudi arabia. But to curb the improper application of the law it is important to set down a few things that are expected of a good legal system. At any rate, during the twentieth century and especially from about thirty years ago, there has been an extraordinary growth of this interest. The threats of climate impacts to sustainable development are critical and these have to be addressed if zambia is to move towards. The legal system of england and wales is a common law system which means that much of the law is to be found in the decisions of judges in individual legal cases. However, the major complaint is that most citizens do not see democracy as delivering. The legal system is the shadowy underpinning of any large society. Da6business law zambia institute of chartered accountants.

Unza press for the school of law, university of zambia, c2004. These are all features of a legal system insofar as it embodies without deviation the notion of a public system. A good governance structure consists of a system of authorisations requiring consent from all the stake holders or their representatives before execution of material contracts. However, precedent has been blamed for causing rigidity of legal systems, preventing development of the law. From a justice system to a just system muna ndulo cornell law school, cornell university, usa in zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and. Zambia wishes to inform the committee that it has a dual legal system and that international treaties are not directly applicable in its domestic law. The us legal system is a system for interpreting and enforcing laws. Although child marriage has declined by 25% from 41. Court automation world bank documents world bank group. Inexpensive law running a good legal system is not cheap. Find legal expertise in zambia commonwealth of nations.

According to the 2014 zdhs, child marriage affects more girls than boys child marriage in zambia. A good understanding of the nigerian legal system, like the comprehension of law itself, requires knowledge and skill in a number of disciplines. In the legal sense with which we are concerned in our study of. For ages, human societies have always sought for means of ensuring social harmony and peaceful coexistence, and this has been done through the formation of laws. Attributes of a good legal system i certainty clearness of. By encapsulating good practice within seven fundamental principles, the emphasis of this international framework is to support application of good practice principles rather than provide guidance on specific governance measures. On successful completion of d6, students should be able to. The cultural values form the founding principles of ones life. Still deeply rooted in its colonial origins, the system has stifled creativity and stunted the possible independent growth of the countrys legal institutions, law making, judicial decisions and legal scholarship.

The law is a body of rules that is designed to control the blameworthy conduct of individuals. It includes the court all of them, judges, juries, lawyers, prosecutors, police officers, etc. Culture is seen as a system of social control, wherein people shape their standards and behavior. Lord denning once observed that to become a good lawyer, one needs more than the law. It is said that the common law differs from other legal systems in this. Decentralization, or decentralizing governance, refers to the restructuring or reorganization of authority so that there is a system of coresponsibility between institutions of governance at the central, regional and local levels according to the principle of subsidiarity. Even where the rule of law is absurd, reckless or disproportionate there are basic principles of civilisation that need something to stand on. In your reading you will constantly be referred to legal cases or what are sometimes referred to as legal. If we could evolve to a point where law was unnecessary, i suspect wed be in. Zambia s initial constitution was abandoned in august 1973 when it became a oneparty state. Indeed, the importance of establishing the cause of action lies even earlier than this. These elements are simple, comprehensive, certain, accessible, flexible and moral values. By rule of law, he wrote,8 i mean that its rules are public, that similar cases are treated similarly, that there are no bills of attainder, and the like.

Identify the main sources of zambian law and other essential elements of the zambian legal system explain and apply the legal rules relating to the law of obligations explain and demonstrate how the sales of goods act 1893 impacts upon contracts explain and apply the law relating to employment. They influence ones principles and philosophies of life. It is often preceded by an adjective to give it a more precise meaning e. They were 1 to join in the building and development of the legal system in zambia, and generally to make available the resources of the school, in staff and students, for the welfare of the zambian community.

Magagula is a student at the university of swaziland in the final year of his ll. Good observation indeed our legal system is rotten. Information system, an integrated set of components for collecting, storing, and processing data and for providing information, knowledge, and digital products. Foreign direct investment fdi is an integral part of an open and effective international economic system and a major catalyst to development. Helpful elements for good court performance and the world banks quality. This man seems to be a genius among the chiefs we have in zambia. The elimination of such violence has been increasingly recognized as. Accountability accountability is a key tenet of good governance. The supreme court is the final court of appeal as well as the constitutional court.

Human rights committee of the law association of zambia laz. The common law and zambia 3 it is generally agreed that the process involves a grouping of facts into categories or classes in accordance with their relevance to a particular legal theory deemed appli cable to both cases so that some facts can be retained as significant and others dismissed as inconsequential. Crime and punishment in zambia 165 however, the high court refused to consider this evidence and emphasised that the law on which criminal cases are to be decided in the high court is that to be found in the penal code and related statutes. Zambia must reduce the deforestation rate to ensure a green economy and sustianbale development. No country is fully governed by halakha, but jewish people may decide to settle disputes. In any case, a good number of issues of the zambia law journal have published. Commercial mercantile law, civil law, criminal law, industrial law, international law. Customary laws relating to particular communities around the country are also recognised by the constitution. It is no secret that the justice system in zambia su ers from. Read this essay on six elements of a good legal system. Critical notes on the legal system of zambia pambazuka news.

The rule of law does not have a precise definition, and its meaning can vary between different nations and legal traditions. No country is fully governed by halakha, but jewish people may decide to settle disputes through jewish courts and be bound by their rulings. Pdf access to justice find, read and cite all the research you need on researchgate. Legal the characteristics of a good legal system by. Some points of comparison introduction the interest of jurists in legal systems other than their own and in comparative law has been a matter of long tradition. This continued to operate even after independence in 1964. The zambian legal system is largely based on english common law. Political governance study in zambia 9 there is still a high endorsement of democracy as a good system of governance though there is need for improvement especially to get it more institutionalbased. Good governance in the public sector consultation draft. Generally, however, it can be understood as a legal political regime under which the law restrains the government by promoting certain liberties and creating order and predictability regarding. Flexibilitya good legal system is one that is sufficiently adaptable to accommodate new kinds of problems and adjust to changes in the needs and desires of those whom it serves.

It was during the colonial era that english law was first introduced into its legal system. Good governance means that the processes implemented by the organization to produce favorable results meet the needs of its stakeholders, while making the best use of resources human, technological, financial, natural and environmental at its disposal. Comprehensive legal and judicial development world bank. Victims also may turn to the criminal justice system, have access to the file and be assisted by an. Mahajan 2010 says a good legal system should also be effective and equitable. Judicial reform, constitutionalism and the rule of law in. This initiative seeks to exploit other components of zambias rich resource base by promoting.

And whilst a lot of people may not agree with the existence of the law it is still an important and irreplaceable aspect of any society. Pdf the challenges of accessing justice in zambia researchgate. The judiciary system is independent under the constitution. In our societies today, laws are useful as they act as deterrents and also for problemsolving.

Yet, the benefits of fdi do not accrue automatically and evenly across countries, sectors and local communities. Zambias contemporary culture is a blend of values, norms, material and spiritual traditions of more. Elements of a good legal system 2 which is held by that dominating political authority or by those to whom it has committed of making such rules. Like the american and south african legal systems which were heavily influenced by the british tradition, zambia has a hybrid common law system with a legal authority hierarchy as follows. They influence ones way of living and thus impact social life. Business firms and other organizations rely on information systems to carry out and manage their operations, interact with their customers and suppliers, and compete in the marketplace. The whole zambian legal system needs to be revamped. The constitution of the second republic provided for a oneparty participatory democracy, with the united national independence party unip the only legal.