TITLE:
Navigating the Challenges of Safeguarding Civil Liberties: Insights from the Zambian Judiciary
AUTHORS:
Muzambalika Simwatachela
KEYWORDS:
Civil Liberties, Civil Society Organizations (CSOs), Constitution, Bill of Rights, Human Rights, Judicial Independence, Rule of Law
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.4,
November
26,
2024
ABSTRACT: The journal article titled “Navigating the Challenges of Safeguarding Civil Liberties: Insights from the Zambian Judiciary” explains significant challenges faced by the Zambian judiciary in protecting civil liberties. Resource constraints and political interference undermine judicial independence and effectiveness. This research aims at addressing gaps by examining public trust’s influence on civil liberties enforcement and evaluating the adequacy of the current legal framework against emerging challenges. By investigating barriers to justice for marginalized groups, the study provides a comprehensive understanding of these issues and proposed actionable solutions. Methodologically, the research employs a mix of qualitative and quantitative methods, using case law, statutes, academic articles and interviews. The theoretical framework includes civil liberty theories and the judiciary’s role in their protection. Data gathering involves extensive literature review, interviews with legal experts, and analysis of judicial decisions. Key findings indicate resource constraints and political interference as primary obstacles, with public trust being crucial for effective enforcement. Additionally, the dual legal system of customary and statutory law present conflicts hindering civil liberties protection. The article highlights the need for legal reforms and stronger collaboration with the Civil Society Organizations to enhance judicial effectiveness. These findings highlighted the necessity for resource allocation, judicial independence and public trust to ensure civil liberties are upheld. This research offers valuable insights and proposed solutions to strengthen the Zambian judiciary’s role in protecting civil liberties, presenting a comparative analysis with other countries and highlighting the gaps in the existing literature.