The Concept of Constitution

In its simplest form, a constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. A Constitution is a set of principles about how a country should be governed.

•It usually outlines the rights and responsibilities of governments and citizens.
•The United States of America was the first country to have a written constitution.
•Today, most democratic countries have their own constitution.
•The Constitution is the highest law in a country.
•Usually special conditions must be met before a constitution can be changed.

For example, the Bill of Rights in the Zambian Constitution can only be changed if two- thirds of members of parliament in the National Assembly vote in favor of the change.

It must also be supported by a referendum in which at least 50% of the citizens take part and at least two-third of the citizens must also say YES to the change.

•In any organization or institution, there are rules and regulations.
•These help us to maintain order, peace and stability, and to work well together.
•Similarly, at national level there are rules and regulations that help to govern a country

Characteristics of a Good Constitution

•Be clear. The language in the document must not be too technical. Ordinary citizens other than lawyers should be able to understand it.
•Be neither too rigid to prevent change nor too flexible to encourage tempering with the basic principles.
•Be stable and stand the test of time (useful for a long period of time). It must not be changed at the pleasure of each president who comes to power.
•Protect and respond to the social, economic and political needs of citizens.
•Cater for the various groups in society.
•Protect the rights of citizens.

Importance of a Constitution

•Promotes and protects the rule of law
•Sets out the composition and functions of the wings of government
•Safeguards the fundamental rights and freedoms of citizens
•Is owned and guarded by citizens
•Ensures democratic governance
•Gives equal opportunities for individual development The Constitution includes the following:

A Bill of Rights- a special section in the constitution that outlines fundamental human rights. It defines individual and groups rights and how they are to be protected.

•It is found in part V of the Zambian Constitution
•An explanation of the different branches of government, and their functions and powers.

Types of constitutions

Written and Unwritten Constitutions

A written constitution

•Is in form of one specific document which describes the basic principles of how a country
is governed.
•The Zambian is a Written Constitution.
•This form of constitution usually requires a long development process to gain wide public support and to ensure that the meaning everything is clear.
•The written constitution can be used by the Legislature, Courts and Individuals to determine if a certain action will be in line with the constitution.

Unwritten Constitution

•Is not written down in form of a specific document.
•Instead they are based on conventions, traditions and customs of a society.
•These unwritten principles may be linked to separate documents such as laws and treaties that have over the course of centuries developed as the guiding principles for how the country is governed.

Forms of constitutions

There are two forms of constitutions and these are; Flexible or rigid Constitution

A flexible constitution

•Can be changed by a vote by the majority of representatives in a country’s legislature.
•This could result in frequent changes to the constitution whenever a new party gets a majority in the legislature.

A Rigid Constitution

•Requires special processes before the constitution can be amended.
•The Zambian Constitution requires a majority of two-thirds of the legislature.
•A referendum must also be held to find out whether the citizens agree with the proposed change.