Scribd Logo
Upload

Welcome to Scribd!

  • 102 views

    2020 LLB 203 Constitutional Law Module Outline

    Uploaded by

    Innocent Makwarimba
    This document outlines the syllabus for the module LLB 203 Constitutional Law. It provides details on the academic year, semester, programme of study, module code and lecturer. The module will involve a comprehensive analysis of Zimbabwe's constitutional law regime including its structures, institutions and operation in a comparative perspective. Topics will include the Zimbabwean constitutional history, general principles of constitutional law, the 2013 Constitution, fundamental rights and freedoms, electoral institutions and constitutional commissions. Learning activities will primarily involve lectures, tutorials and case study seminars. Students will be required to do independent study reinforced by lectures and seminars. Relevant reading materials including books, articles and statutes are listed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    2020 LLB 203 Constitutional Law Module Outline

    Uploaded by

    Innocent Makwarimba
    102 views6 pages
    This document outlines the syllabus for the module LLB 203 Constitutional Law. It provides details on the academic year, semester, programme of study, module code and lecturer. The module will involve a comprehensive analysis of Zimbabwe's constitutional law regime including its structures, institutions and operation in a comparative perspective. Topics will include the Zimbabwean constitutional history, general principles of constitutional law, the 2013 Constitution, fundamental rights and freedoms, electoral institutions and constitutional commissions. Learning activities will primarily involve lectures, tutorials and case study seminars. Students will be required to do independent study reinforced by lectures and seminars. Relevant reading materials including books, articles and statutes are listed.

    Original Title

    2020 LLB 203 Constitutional Law Module Outline.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines the syllabus for the module LLB 203 Constitutional Law. It provides details on the academic year, semester, programme of study, module code and lecturer. The module will involve a comprehensive analysis of Zimbabwe's constitutional law regime including its structures, institutions and operation in a comparative perspective. Topics will include the Zimbabwean constitutional history, general principles of constitutional law, the 2013 Constitution, fundamental rights and freedoms, electoral institutions and constitutional commissions. Learning activities will primarily involve lectures, tutorials and case study seminars. Students will be required to do independent study reinforced by lectures and seminars. Relevant reading materials including books, articles and statutes are listed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    102 views6 pages

    2020 LLB 203 Constitutional Law Module Outline

    Uploaded by

    Innocent Makwarimba
    This document outlines the syllabus for the module LLB 203 Constitutional Law. It provides details on the academic year, semester, programme of study, module code and lecturer. The module will involve a comprehensive analysis of Zimbabwe's constitutional law regime including its structures, institutions and operation in a comparative perspective. Topics will include the Zimbabwean constitutional history, general principles of constitutional law, the 2013 Constitution, fundamental rights and freedoms, electoral institutions and constitutional commissions. Learning activities will primarily involve lectures, tutorials and case study seminars. Students will be required to do independent study reinforced by lectures and seminars. Relevant reading materials including books, articles and statutes are listed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    Academic Year: 2020

    Semester: 2:1

    Programme: Bachelor of Laws Honours Degree

    Module: LLB 203- Constitutional Law

    Lecturer: Mr. R. O. Murozvi

    Lecture Times: TBA

    1. SYNOPSIS/OVERVIEW

    This module entails the consideration, application, critique and comprehensive


    analysis of general principles of constitutional law, a detailed analysis of the
    Zimbabwean constitutional law regime, its structures and institutions, and its
    operation; consideration of the constitutional system in comparative perspective;
    and socio-legal issues relating to the constitutional system. It also considers
    matters relating to application, enforcement, justiciability and limitations of rights
    in the Declaration of Rights, among other issues.

    2. LEARNING OUTCOMES

    By the end of the course students should be able to;

    a) have a thorough understanding of the Zimbabwean constitutional legal


    system,
    b) Its fundamental features, flaws, strengths and challenges.
    c) It is further intended that this understanding be rooted in both theory and
    practice, as far as possible.

    3. LEARNING AND TEACHING ACTIVITIES (COURSE DELIVERY)

    The primary mode of delivery is this module. In addition the following models of
    delivery are available, tutorials, case study seminars, self-directed learning,
    innovative technology enabled teaching and learning through my Vista platform.
    Students are required to do a large amount of self-study, which is then reinforced
    by the lectures/seminars. Outside of the seminars, students are encouraged to
    contact the lecturers should they have any queries. In order to assist students, a
    number of statutes, articles and other relevant documents shall be given to
    students.

    TOPIC ONE: INTRODUCTION: DEFINITIONS, THE STATE AND THE CONSTITUTION

    1.1. What is constitutional law


    1.2. Sources of Constitutional Law
    1.3. How constitutions emerge
    1.3.1. Colonisation
    1.3.2. Revolution
    1.3.3. Independence

    1.4. Functional Approach to constitutional law

    1.5. Classification of constitutions;

    1.5.1. Written / Unwritten


    1.5.2. Rigid / Flexible
    1.5.3. Supreme/ subordinate
    1.5.4. Federal / unitary
    1.5.5. Separated powers / fused
    1.5.6. Republican / monarchical constitution
    1.5.7. Autochtonous / allochtonous
    1.6. The state and the Social Contract
    1.7. What is a constitutional system?
    1.8. What is a state and government?
    1.9. Structures of State and Government:
    1.10. Central and Local Government
    1.11. The Executive
    1.12. The Legislative
    1.13. The Judiciary
    1.14. Traditional Leadership Institutions

    TOPIC TWO: CONSTITUTIONAL HISTORY OF ZIMBABWE

    2.1. Colonial Constitutions


    2.1.1. The Southern Rhodesia Order in Council (1923)
    2.1.2. The 1923 Rhodesia Constitution
    2.1.3. The Federal Constitution, 1953
    2.1.4. The 1961 SR Constitution
    2.1.5. The 1965 SR Constitution
    2.1.6. The 1969 Rhodesia Constitution
    2.2. Post-Colonial Constitutions
    2.2.1. The 1979 Lancaster House Constitution
    2.2.2. The 2000 National Constitutional Commission Draft.
    2.2.3. The Kariba Draft 2007.
    2.2.4. The National Constitutional Assembly Draft)
    2.2.5. The 2013 Constitution of Zimbabwe

    TOPIC THREE: GENERAL PRINCIPLES AND DOCTRINES OF CONSTITUTIONAL LAW

    3.1. Constitutional Supremacy vs Parliamentary Sovereignty


    3.2. Separation of Powers
    3.3. Rule of Law
    3.4. Constitutionalism
    3.5. Judicial Independence
    3.6. Democracy
    3.7. Devolution and decentralisation of governmental power
    3.8. Gender equality and gender parity
    3.9. Judicial review and counter-majoritarian dilemma
    3.10 Citizenship
    TOPIC FOUR: THE ZIMBABWEAN 2013 CONSTITUTION

    4.1. The Executive System


    4.1.1. The source of Executive Authority
    4.1.2. The structure of the Executive
    4.1.3. The mandate, powers and functions of the Executive
    4.2. Election, removal and Succession of President
    4.3. The Constitution and Cabinet system
    4.4. The Executive and law making
    4.5. The Executive and the Judiciary
    4.6. The Executive and parliamentary oversight
    4.7. Power of mercy and Presidential immunity
    4.8. States of public emergency.

    TOPIC FIVE: THE CONSTITUTION AND THE LEGISLATIVE SYSTEM

    5.1. Legislative Authority


    5.2. Composition of Parliament and forms of parliamentary systems
    5.2.1. Bi-Cameralism and Constitutional Democracy
    5.2.2. Bi-Cameralism and Jurisdictional Conflicts
    5.2.3. Bi-Cameralism v Uni-Cameralism

    5.3. The Law-Making Procedures


    5.6. The role of the Constitutional Court
    5.7. The Legislature and the President

    TOPIC SIX: THE CONSTITUTION AND THE JUDICIARY


    6.1. Judicial authority
    6.2. Independence of judiciary
    6.3. Principles guiding judiciary.
    6.4. Jurisdiction of the Courts;
    6.5. Qualifications, appointment and tenure of members of judiciary
    6.5.1. The JSC
    6.5.2. The public interview system
    6.5.3. Appointment of magistrates
    6.5.4. The judiciary and the Independent Commissions.

    TOPIC SEVEN: FUNDAMENTAL RIGHTS AND FREEDOMS


    7.1. Theories of Rights and the Social Contract
    7.2. Classes and Categories of Rights and Freedom
    7.2.1. Civil and Political Rights
    7.2.2. Socio-Economic and Cultural Rights
    7.2.3. Group/Solidarity Rights
    7.4 Approaches to Understanding a Fundamental Right/Freedom
    7.5. Constitutional Interpretation and Application
    7.6 Enforcement and Limitations of Rights
    7.7 Limitations of Constitutional Rights

    TOPIC EIGHT: ELECTORAL INSTITUTIONS, PARTICIPATORY DEMOCRACY AND THE


    CONSTITUTION

    8.1. Principles of electoral system.


    8.2. Conduct of elections and referendums.
    8.3. Electoral Law and Electoral Act principles.
    8.4. Electoral Systems
    8.5. The Election Management and Governance Framework
    8.6. Electoral law and regional/international electoral standards
    8.7. Delimitation of electoral boundaries

    TOPIC NINE: CONSTITUTIONAL COMMISSIONS

    9.1. The Independent Commissions system


    9.2. Independent Commissions;
    9.2.1. The Zimbabwe Electoral Commission
    9.2.2. The Zimbabwe Human Rights Commission
    9.2.3. The Zimbabwe Gender Commission
    9.2.4. The Zimbabwe Media Commission
    9.2.5. National Peace and Reconciliation Commission
    9.3. Commissions, democracy and the rule of law
    9.4. The Commission system and the rule of law
    9.5. The Commissions, Transparency and accountability
    9.6. Relationship with Judiciary, Executive and Legislature
    9.8. Constitutional commissions and their Independence
    9.9. Commissions to report annually to Parliament.
    9.10. Executive Constitutional Commissions
    9.10.1The Anti-Corruption Commission
    9.10.2 The National Prosecuting Authority
    9.11.1 Establishment, Powers, Mandate and Functions
    9.11.2 Independence vs. Impartiality
    9.11.3 The NPA and the criminal justice system
    9.12 The Public Commissions System
    9.13 Establishment, Functions and Responsibilities
    (i) Public Commissions and Principles of Public Administration
    (ii) Weaknesses of the Public Commissions System
    (iii) Oversight and Accountability in Public Commissions
    9.6.1. Civil Service Commission
    9.6.2. Defence Forces Service Commission
    9.6.3. Police Service Commission
    9.6.4. Prisons and Correctional Services Commission

    TOPIC TEN: THE CONSTITUTION AND PUBLIC ADMINISTRATION


    10.1. Introduction
    10.2. Basic values and principles governing public administration.
    10.3. State-controlled commercial entities.
    10.4. Responsibilities of public officers and principles of leadership.
    10.5. Terms of office of heads of government-controlled entities

    C: RECOMMENDED READING LIST

    BOOKS
    G Linington. Constitutional Law in Zimbabwe (2001).

    Ian Currie and Johan De Waal. The Bill of Rights Handbook 5th Edition (2005)

    GE Devenish A Commentary on the South African Bill of Rights (1999 (LexisNexis


    Buterworths)

    Chaskalson, Kentridge, Klaaren, Marcus, Spitz and Woolman Constitutional Law of South
    Africa.

    Rautenbach & Malherbe Constitutional Law (2003).


    Currie & de Waal The New Constitutional & Administrative Law Vol 1 (2001).
    Brand D and Heyns C (ed) Socio-Economic Rights in South Africa (2005), Pretoria University
    Law School.
    Dembour M B ‘What Are Human Rights? Four Schools of Thought; Human Rights’ (2010) 2
    Quarterly Human Rights Quarterly 32, The Johns Hopkins University Press.

    A Moyo (ed) Selected Aspects of the 2013 Zimbabwean Constitution and the Declaration of
    Rights (2019) Raoul Wallenberg Institute, Sweden (2018).

    Students are encouraged to acquire other Reading Materials on


    Constitutional Law in South Africa, United States of America and the
    United Kingdom are encouraged.
    Important Websites
    www.veritaszim.net
    www.parlzim.gov.zw
    www.zimlii.org
    www.saflii.org
    www.ldc.gov.zw
    www.jsc.org.zw

    7.3. STATUTES
    The Southern Rhodesia Order in Council (1923)
    The 1923 Rhodesia Constitution
    The Federal Constitution, 1953
    The 1961 SR Constitution
    The 1965 SR Constitution
    The 1969 Rhodesia Constitution
    The 1979 Lancaster House Constitution
    The 2000 National Constitutional Commission Draft
    The Kariba Draft Constitution
    The National Constitutional Assembly Draft)
    The 2013 Constitution of Zimbabwe
    The South African constitution
    The Kenya Constitution
    The Ghana Constitution
    The United States Constitution
    The Electoral Act
    The ZEC Act
    The ZHRC Act
    The citizenship Act/ Citizenship of Zimbabwe Bill
    POSA / MOPA bill
    AIPPA/ Freedom of Information Bill/ Protection of Personal Information Bill
    Zimbabwe Media Commission Bill

    You might also like