Comparative Study of Emergency Powers in Commonwealth Africa with Special Reference to Zambia

Chanda, Alfred Winstone (1984) Comparative Study of Emergency Powers in Commonwealth Africa with Special Reference to Zambia. Masters thesis, University of Zambia.

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Abstract

The dissertation focusses on a comparative study of emergency powers under some Commonwealth African Constitutions with specific reference to Zambia. The importance of this subject is underlined by the fact that all Commonwealth African Countries possess emergency legislation. Moreover, such legislation is very wide and has been extensively used, often improperly. Emergency powers, once invoked, seriously infringe fundamental individual rights and, therefore, undermine the Rule of Law. The study examines the scope of these powers under the different constitutions in Commonwealth Africa, what safeguards have been provided for affected individuals and the role of the Judiciary in upholding the rights of the individual. Furthermore, the manner in which emergency powers have been used is considered. The thesis is divided into two parts. The first part constitutes an account of the historical background to the theory of emergency powers, and has two chapters. Chapter one discusses the nature and scope of emergency powers found in other common law countries outside Africa. Chapter two examines the development of emergency powers during colonial rule in Zambia (then known as Northern Rhodes is). Part II deal with emergency powers under the Independent Constitutions of Commonwealth Africa. It is composed of five chapters. Chapter three examines emergency powers under some Commonwealth African Constitutions.

Item Type: Thesis (Masters)
Subjects: K Law > K Law (General)
Divisions: Comparative
Depositing User: Geoffrey Obatsa
Date Deposited: 24 Aug 2018 13:15
Last Modified: 24 Aug 2018 13:15
URI: http://thesisbank.jhia.ac.ke/id/eprint/8506

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