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{
    "id": 65350,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/65350/?format=api",
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    "content": "Chapter 10 of the Constitution establishes the Judiciary and provides in Article 159 that the judicial authority in derived from the people and vests in and shall be exercised by the courts or tribunals established by or under this Constitution. The Article requires the judicial authority to be exercised in a manner that promotes and protects the purpose and principles of the Constitution. These provisions emphasize the constitutional basis for the principle of separation of powers that is a prerequisite for a functioning democracy. The operation of the principle, as I have had occasion to hold, both separates and blends the powers so that each branch serves as a check and balance on the powers of the other. It ensures the protection of the rule of law, and secures the fundamental rights of the individual. Each branch of Government must exercise its powers in a fine balancing act to ensure that it properly and effectively carries out its functions while at the same time it does not infringe on the powers and responsibilities of the other branches of Government. Thus, this House is the Assembly of the people. It represents their will. It enacts laws and deliberates on and resolves issues of concern to the people. The Judiciary can review the constitutionality of legislation or other actions taken by the National Assembly, if challenged and can, indeed, declare a law, or other action taken by the House, to be unconstitutional and to be annulity. Hon. Members, in my understanding, which I have stated severally before from this Chair, what the Judiciary cannot do under our Constitution is to stop or prevent the National Assembly from undertaking its Constitutional mandate."
}