Constitution | Study Notes | Civic Education | Grade 10 | OBC

CIVIC EDUCATION STUDY NOTES GRADE 10 TOPIC: THE CONSTITUTION SUBTOPICS: Types and Structure of the Constitution, Constitution Making and Adoption LEARNING OBJECTIVES By the end of this topic, you should be able to: • Explain the main parts of the Zambian constitution. • Describe the process of constitution making and adoption in Zambia. CORE CONCEPTS 1. UNDERSTANDING THE CONSTITUTION A constitution is a set of fundamental principles or established precedents according to which a state or other organisation is governed. It is the supreme law of the land, meaning all other laws must follow what the constitution says. Constitutionalism is the idea that the government's authority is created and limited by a constitution. This means that government actions must always be within the boundaries set by the constitution. It ensures that those in power do not abuse their authority and that the rights of citizens are protected. 2. TYPES OF CONSTITUTIONS Constitutions can be classified in various ways: a) Written and Unwritten Constitutions • Written Constitution: This is a constitution contained in a single document or a series of documents that are formally enacted. Most countries, including Zambia, have written constitutions. It provides clarity and makes it easier for citizens to know their rights and duties. • Unwritten Constitution: This is a constitution that is not contained in a single document. Instead, it consists of customs, traditions, conventions, precedents, and several legal documents or statutes developed over a long period. An example is the United Kingdom's constitution. b) Flexible and Rigid Constitutions • Flexible Constitution: This is a constitution that can be easily amended (changed) by a simple majority vote in the Legislature (Parliament), using the same process as ordinary laws. The British constitution is considered flexible. • Rigid Constitution: This is a constitution that is difficult to amend, requiring special procedures such as a two-thirds majority vote in Parliament, or even a national referendum. Zambia's constitution is considered rigid because it requires special procedures for amendment, particularly for important parts like the Bill of Rights. c) Republican and Monarchical Constitutions • Republican Constitution: This type of constitution establishes a republic, where the head of state is an elected president, not a hereditary monarch. The president holds office for a specific term and is accountable to the people. Zambia has a republican constitution. • Monarchical Constitution: This constitution establishes a monarchy, where the head of state is a king or queen whose position is inherited. Examples include the United Kingdom and Eswatini. d) Unitary and Federal Constitutions • Unitary Constitution: In a unitary state, all power is concentrated in a central government. Regional or local governments exist, but their powers are delegated by the central government and can be withdrawn. Zambia has a unitary constitution. • Federal Constitution: In a federal state, power is divided between a central government and regional or state governments. Both levels of government derive their authority directly from the constitution and have distinct areas of responsibility. Examples include the United States of America and Nigeria. 3. MAIN PARTS OF THE ZAMBIAN CONSTITUTION The Zambian Constitution is a comprehensive document that outlines the structure of government, defines the rights and duties of citizens, and establishes the framework for governance. It is divided into several parts (or articles/chapters) that cover different aspects of the state. Some of the main parts include: • Part III: The Bill of Rights – This is a very important part that guarantees the fundamental human rights and freedoms of individuals in Zambia. These rights include the right to life, freedom of expression, freedom of assembly, and protection from discrimination. • Part IV: Citizenship – This part defines who is a Zambian citizen, how citizenship can be acquired, and how it can be lost. • Part V: The Executive – This section outlines the powers and functions of the President, Vice President, and Cabinet. It explains how the Executive arm of government operates. • Part VI: The Legislature (Parliament) – This part describes the composition, powers, and procedures of the National Assembly. It explains how laws are made and how Parliament oversees the government. • Part VII: The Judicature – This section establishes the court system, including the Supreme Court, Constitutional Court, Court of Appeal, High Court, and subordinate courts. It outlines their roles and how justice is administered. • Part VIII: The House of Chiefs – This part establishes the House of Chiefs and defines its role in advising Parliament on matters related to customary law and traditional affairs. • Part X: Public Service – This part deals with the public service, including commissions that oversee its operations, such as the Public Service Commission. • Part XII: Local Government – This section outlines the structure and functions of local government authorities (city councils, municipal councils, district councils) and their role in local development. • Part XIV: Electoral Process – This part sets out the framework for holding elections, including the establishment of the Electoral Commission of Zambia (ECZ) and its functions. • Part XIX: Amendment of the Constitution – This part specifies the procedures that must be followed to amend (change) the constitution, highlighting its rigidity.

4. CONSTITUTION MAKING AND ADOPTION PROCESS The process of making and adopting a new constitution in Zambia typically involves several stages to ensure broad participation and legitimacy. This process aims to create a document that truly reflects the will of the people.

Constitution Making Process in Zambia

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Appointment of Review Commission

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National Consultations / Debates

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Drafting of Constitution by Experts

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Consideration by Constitutional Conference or Constituent Assembly

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Presentation to Parliament

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Referendum (for entrenched clauses like Bill of Rights)

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Presidential Assent / Enactment

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Constitution Adopted

Figure: Flowchart of the Zambian constitution making and adoption process

The typical stages are: • Review Commissions: The process often begins with the President appointing a Commission of Inquiry (a group of experts and citizens) to review the existing constitution and gather public views on desired changes or a completely new constitution. These commissions travel across the country to collect submissions. • National Debate/Consultations: Following the commission's work, there is usually a period of extensive national debate and consultations. Citizens, civil society organisations, traditional leaders, and political parties are encouraged to discuss the proposed changes and contribute their ideas. This ensures public participation and ownership of the document. • Constituent Assembly / Constitutional Conference: After national consultations, a Constituent Assembly (a body specifically elected or constituted to draft or adopt a constitution) or a Constitutional Conference (a meeting of various stakeholders) may be formed. Its role is to discuss the draft constitution clause by clause, make necessary adjustments, and agree on the final version. This body is typically more representative than Parliament for this specific task. • Parliament: Once the draft constitution is agreed upon by the Constituent Assembly or Constitutional Conference, it is usually presented to Parliament. Parliament may debate and pass certain parts of the constitution that are not "entrenched" (i.e., not protected by special amendment procedures). • Referendum: For entrenched clauses, especially those in the Bill of Rights, a national referendum is often required. A referendum is a direct vote by the entire electorate on a particular proposal or law. If the people vote 'Yes' in the referendum, those clauses are adopted. If they vote 'No', those clauses are rejected. • Presidential Assent/Enactment: After all necessary parliamentary approvals and successful referendums, the President gives assent (signs) the new constitution or amendment into law. At this point, the constitution is formally adopted and comes into effect. SUMMARY The constitution is the supreme law of a country, guiding its governance and protecting citizens' rights. Constitutions can be written or unwritten, flexible or rigid, republican or monarchical, and unitary or federal. Zambia has a written, rigid, republican, and unitary constitution. Key parts of Zambia's constitution cover areas such as the Bill of Rights, Citizenship, the Executive, Legislature, Judicature, House of Chiefs, and electoral processes. The making and adoption of a constitution typically involve review commissions, national debates, constitutional conferences or constituent assemblies, parliamentary approval, and sometimes a national referendum, before presidential assent. PRACTICE QUESTIONS EASY 1. What is a constitution? 2. State any two main parts of the Zambian Constitution. 3. Which type of constitution does Zambia have regarding its flexibility? MEDIUM 4. Explain the difference between a written and an unwritten constitution, providing an example for each. 5. Outline two roles of a Review Commission in the constitution-making process. 6. Describe why the Bill of Rights in Zambia's Constitution is considered an entrenched clause. HARD 7. Analyse the importance of national debate and a referendum in ensuring a legitimate constitution in a democratic country like Zambia. 8. Compare and contrast the roles of a Constituent Assembly and Parliament in the process of adopting a new constitution in Zambia. 9. Discuss how the concept of constitutionalism helps to prevent the abuse of power by those in government. FULL ANSWERS EASY 1. A constitution is a set of fundamental principles or established precedents according to which a state or other organisation is governed; it is the supreme law of the land. 2. Any two of: The Bill of Rights, Citizenship, The Executive, The Legislature (Parliament), The Judicature, The House of Chiefs, Local Government, Public Service, Electoral Process. 3. Zambia has a rigid constitution. MEDIUM 4. A written constitution is contained in a single document (e.g., Zambia's Constitution), providing clarity. An unwritten constitution is based on customs, traditions, and various documents, not a single one (e.g., United Kingdom's Constitution). 5. A Review Commission gathers public views on constitutional changes from citizens across the country, and it drafts a report with recommendations for amendments or a new constitution. 6. The Bill of Rights is considered an entrenched clause because changing or amending it requires a special procedure, usually including a national referendum, rather than just a simple parliamentary vote. This protects fundamental human rights from easy alteration. HARD 7. National debate ensures that the constitution reflects the diverse views and aspirations of the people, promoting public ownership and acceptance. A referendum allows citizens to directly vote on critical constitutional provisions, such as human rights, which grants legitimacy to these fundamental clauses as they represent the direct will of the people, making the constitution truly democratic. 8. A Constituent Assembly (or Constitutional Conference) is a specially formed body, often more representative of various societal groups, whose primary role is to comprehensively discuss, debate, and approve a draft constitution clause by clause. Parliament's role, on the other hand, is to enact parts of the constitution that are not entrenched, and to facilitate the process of amending the existing constitution through specific legislative procedures. While both involve discussion and approval, the Constituent Assembly is focused solely on the foundational document with broader representation, whereas Parliament integrates the draft into the existing legal framework and amends specific clauses. 9. Constitutionalism limits the power of government officials by ensuring that all their actions must conform to the established laws and principles laid out in the constitution. It prevents arbitrary rule by setting clear boundaries for executive, legislative, and judicial powers. It also typically includes a Bill of Rights, which protects individual freedoms and rights, making it illegal for the government to infringe upon them, thereby promoting accountability and the rule of law. COMMON MISTAKES TO AVOID • Confusing 'rigid' and 'unwritten': Students often think an unwritten constitution is automatically flexible. While often true (like the UK), the terms refer to different aspects (format vs. amendment process). Zambia's constitution is written and rigid. • Forgetting the importance of a referendum: Many students overlook the referendum as a crucial step, especially for entrenched clauses like the Bill of Rights. It is a direct vote by the people and adds significant legitimacy. • Mixing up government arms: Clearly distinguish between the Executive (President, Cabinet), Legislature (Parliament), and Judicature (Courts) when discussing the structure of government. • Assuming one single process: The constitution-making process can vary slightly between countries or even within a country over time, but the core stages (review, public input, drafting, adoption) remain similar. Be aware that the names of the bodies involved (e.g., Constitutional Conference vs. Constituent Assembly) might differ. EXAM TIPS • Understand key terms: Be able to clearly define terms like 'constitution', 'constitutionalism', 'rigid', 'flexible', 'referendum', and 'entrenched clause'. • Categorise effectively: When asked about types of constitutions, remember the pairs: written/unwritten, rigid/flexible, republican/monarchical, unitary/federal. • Sequence the process: For constitution-making, learn the stages in the correct order (Review Commissions, National Debate, Constituent Assembly/Conference, Parliament, Referendum, Presidential Assent). Use a flowchart in your mind to remember the sequence. • Provide Zambian examples: Always relate your answers to the Zambian context where possible, such as mentioning the Zambian Bill of Rights or the Electoral Commission of Zambia. • Justify your points: When asked to 'explain' or 'describe', provide sufficient detail and give reasons or examples to support your answer. QUICK REVISION SUMMARY • Constitution: Supreme law, governs a state. • Constitutionalism: Government power is limited by the constitution. • Types: * Written (single document, Zambia) vs. Unwritten (customs, UK). * Rigid (hard to amend, Zambia) vs. Flexible (easy to amend, UK). * Republican (elected president, Zambia) vs. Monarchical (hereditary ruler, UK). * Unitary (centralised power, Zambia) vs. Federal (power shared, USA). • Zambian Constitution Parts: Bill of Rights, Citizenship, Executive, Legislature, Judicature, House of Chiefs, Local Government, Public Service, Electoral Process. • Constitution Making Process: 1. Review Commissions (gather public views). 2. National Debates/Consultations (public input). 3. Constituent Assembly/Constitutional Conference (discuss, approve draft). 4. Parliament (enact non-entrenched clauses). 5. Referendum (for entrenched clauses like Bill of Rights). 6. Presidential Assent (final approval).

study-notes — Civic Education (Constitution)

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