Sources Of Law Flashcards
(20 cards)
What is a judicial precedent?
A judicial precedent is where past decisions create law for judges to refer back to for guidance in future cases.
Precedent is based on the principle of stare decisis, meaning to ‘stand by decided matters.’
What principle does precedent rely on?
Stare decisis
This principle requires lower courts to follow the precedent established by higher courts.
What is legislation commonly referred to as?
Statutory law
Legislation covers rules of law made directly by the legislature.
What is the role of the legislature?
Responsible for law-making
Each state has an organ responsible for law-making, commonly known as Acts of Parliament.
What is delegated legislation?
Legislation created by authorities exercising delegated powers
This includes specialized legal documents called statutory instruments.
What is the highest court in Zambia?
Supreme Court
The Supreme Court is at the top of the court hierarchy in Zambia.
What is the role of the Constitutional Court in Zambia?
It is at the same level as the Supreme Court and its decisions are final
A person dissatisfied with a decision of the Constitutional Court cannot appeal to any other court.
Who heads the judiciary in Zambia?
The Chief Justice
The judiciary interprets the law.
What is the role of the executive in Zambia?
Policy implementation and enforcement of laws
The executive is headed by the president.
What is the second highest court in Zambia?
Court of Appeal
The Court of Appeal is established under Article 130 of the Constitution.
What are the divisions of the High Court in Zambia?
Includes Industrial Relations Court, Commercial Court, Family and Children’s Court
The High Court is headed by a judge in charge based in Lusaka.
What is common law?
The law applicable to all people of a society regardless of race, tribe, and sex
It is also part of a classification of legal systems influenced by English common law.
What are customs in the context of law?
Rules that become binding over time through community observance
Customs can be either general or African customary law.
What is a valid custom?
A rule of conduct established by long usage that has the force of law
It must be very old, certain, reasonable, and not repugnant to statute law or morality.
What is African customary law?
Law derived from the customs of the people
It is unwritten, informal, and flexible, passed down through oral traditions.
When is customary law inapplicable?
If it is repugnant to natural justice or morality
These expressions have not been judicially defined and remain vague.
What are scholarly works in law?
Writings by leading authorities in the field of law
They are regarded as persuasive sources of law but have no inherent authority.
What is the supreme law of Zambia?
The Constitution
If any law is inconsistent with it, that law is null and void.
What are the sources of law in Zambia according to Article 7 of the Constitution?
Constitution, Legislation, Judicial Decisions, Common Law, Custom, Scholarly Works
These are considered the origins of laws that enable a state to govern.
What does the term ‘sources of law’ refer to?
The origins from which the law gets its validity
Several factors contribute to the development of law and are regarded as sources of law.
