Question

The constitution of Zambian has provided for a derogation clause under article 25 of the Zambian constitution and also provided for supremacy of the constitution under article 1(1) and (4) . However, the Cynic has criticized the two aforementioned provisions firstly by stating that at no cost can rights be derogated from its against the principle of human rights, secondly that actually article 1(1) is just a mere dead letter due to the fact that other laws may declare the constitution null and void. You have been asked to comment on the forgoing aforementioned statements as a common law student at CUZ.

a) Are you the Cynic

Answer 1

The derogation clause allows for temporary limitations on rights, while the supremacy of the constitution is upheld by the judiciary.

Step-by-step explanation:

As a common law student, I would like to comment on the statements made by the Cynic regarding the derogation clause under Article 25 and the supremacy of the constitution under Article 1(1) and (4) of the Zambian constitution.

Firstly, it is important to understand that the derogation clause in Article 25 allows for the temporary limitation or suspension of certain rights in exceptional circumstances, such as during a state of emergency. This is not against the principle of human rights, but rather a balance between protecting individual rights and ensuring the well-being and security of the society as a whole. The derogation must be justified, proportionate, and follow international human rights standards.

Secondly, the supremacy of the constitution under Article 1(1) affirms that the constitution is the fundamental law of the land. While it is true that other laws may declare the Constitution null and void, such laws would be considered unconstitutional and can be challenged in court. The judiciary plays a crucial role in upholding the supremacy of the Constitution and ensuring the constitutionality of laws.