Unit 1.0: Civic Education and Democracy in Society.

1.1: Introduction.

Ever since the formation of societies there has always been an interest in the ways in which the
young (and even the old) of society are prepared for citizenship and how they learn to take part
in civic life. No country has ever achieved the level of understanding and acceptance of the
rights and responsibilities among the citizens that is required for the maintenance and
improvement of democracy without some form of education. History teaches us that few
countries have sustained democratic government for prolonged periods without some form of
civic or political or citizenship education e.g. the Greek city-states, Rome, the USSR or Zambia
during Kaunda with his political philosophy, humanism.

As such, Civic Education is an essential component in sustaining constitutional democracy. The

habits of the mind and the dispositions that inform the democratic ethos are not inherited, but are
taught. According to Alexis de Tocqueville, each new generation is a new people that must
acquire the knowledge, learn the skills and develop the dispositions or traits of private and public
character that undergirds or makes secure a constitutional democracy. These dispositions must be
fostered and nurtured by word of mouth and study, and by the power of example.

1.2 Learning Objectives

By the end of the unit, students should be able to:

 Define Civic Education and Democracy

 Outline and discuss the importance of Civic Education

1.4 Meaning

Civic education in a democracy is education in self-government. Democratic self-government

means that citizens are actively involved in their own governance; they do not just passively
acquiesce (or give in) to the demands of others. In other words, the ideals of democracy are
most completely realized when every member of the political community shares in its
governance. Members of the political community are the citizens of the state; hence citizenship

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in a democracy is membership in the body politic. This membership implies participation, which
must be based on an informed, critical reflection and on the understanding and acceptance of
the rights and responsibilities that are inherent in that membership.

Democracy.

Democracy has many definitions. Some aspects of democracy include the fact that it indicates
both a set of ideals and a political system. For example, democracy can be defined as a form of
government in which the will of the majority of the qualified citizens rules. According to
McIver, democracy is not a way of governing whether by majority or otherwise, but primarily a
way of determining who shall govern and broadly to what ends. This involves a freedom of
choice in electing the rulers and the consent of the electors that those who receive the mandate
should alone rule. This raises the question of how free and fair elections to choose rulers must be
and the atmosphere in which such elections should take place.

1.5: The role of Civic Education

Civic Education will play an important role in the choosing of rulers as it advocates for free and
fair elections and the upholding of the rule of law so that the participation of citizens is
unqualified and unhindered by any undue influences. In this endeavor, Civic Education is an
important factor in advocating for free and fair elections and upholding of the values of
democracy such as the rule of law. Its role in a democracy is to ensure the development of an
informed, effective and responsible citizenry. This is because democracies are sustained by
citizens who have the requisite knowledge, skills and dispositions e.g. tolerance. In the absence
of a reasoned commitment on the part of the citizens to the fundamental values and principles of
democracy, a free and open society cannot succeed.

In this regard, democracy depends upon a literate, knowledge citizenry whose access to the
broadest possible range of information enables them to participate as fully as possible in the
public life of their society. Ignorance breeds apathy.

Therefore, democracy is more than the sum total of institutions in a society. A healthy
democracy depends in large part on the development of a democratic civic culture. Culture in
this sense refers to the behaviour, practices and norms that define the ability of the people to

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govern themselves. The civic culture of a democratic society is shaped by the freely chosen
activities of individual and groups in society. It is in this regard that both Plato and Aristotle
recognized the importance of education in the body politic and regarded it as one of the
fundamental problems of politics. It is therefore the role of civic education in the modern nation-
state to ensure that the citizenry are well-grounded in the basic tenets of the values and principles
of democracy and of a democratic state. Thus, an educated citizenry is a great asset to any state
and is a characteristic of the modern nation-state.

1.6: Civic Education and Free and Fair Elections.

One of the main roles of courses such as civic education is that it teaches citizens the basic tenets
for the practice of democracy. Free and fair elections are a basic requirement for any democratic
nation. Elections are a process by which members in a given community or nations choose their
leaders. Elections in a democratic society should be free and fair to ensure that the leaders
chosen are acceptable to all members of society. Citizens should have a choice to choose their
leader and should be free to join a political party of the choice without fear or intimidation. It is
only through free and fair elections that citizens can be able to express their will through their
elected representatives.

Free and fair elections are a process where fundamental human rights and freedoms are respected
e.g. freedom of speech and association. Fair elections are where the playing field is reasonably
level and accessible to all election participants such as candidates, parties and others. Thus,
citizens should have the basic freedom to participate in the election process as candidates, voters,
observers etc. This participation should include having access to political and election
information through such subject like Civic Education.

Free and fair elections are regulated by various factors and these include corruption of any form,
but more especially political corruption e.g. the donation of money to influence voters’ choice or
the provision of services at or during the time of elections etc. Political instability such that there
is an atmosphere of fear and a culture of violence, both by state agencies and political players.
This goes to the heart of the problem of choice. How can one choose a representative when they
do not know their choice? Civic education plays a big role in educating citizens on the basic
values of democratic participation. But this participation must be supported by access to basic
information.

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In many countries with a weak rule of law, the most common reason why elections do not meet
international standards of being free and fair is the interference from incumbent governments.
Incumbents may use the powers of the executive to remain in power despite popular opinion in
favour of removal. Therefore, citizens who are well vested in democratic values and hence the
knowledge and skills necessary to practice democracy can challenge such practices.

1.7: Other factors working against free and fair elections include:

a. Lack of open political debate

b. Unfair and exclusionary rules in the electoral process.
c. Interference with campaigns
d. Tampering with the election mechanism i.e. rigging
e. Intimidation or physical violence etc.
Through civic education knowledge, citizens are given the skills to know the content of what is
necessary in a democratic society. Democracy is a dialogue, a discussion and a deliberative
process in which citizens engage. Knowledge of civic life, politics and government helps citizens
make informed choices. Citizen participation in a democratic society, however, is much broader
than just taking part in election contests.

1.8: Civic Education and Strengthens Democracy

a. Rule of law.
The rule of law is among the core values that help to strengthen the practice of democracy in any
society. At the heart of the concept of the rule of law is the fact that both the people and the
government itself must obey all the duly enacted laws of the land the rule of law refers to the
sovereignty of law that society is governed by and this law applies equally to all persons,
including government and state officials. This means that whatever government does, must be
subject to the law and be based on the law. It also means that citizens of any country should not
be subjected to the arbitrariness of their rulers.

The rule of law is a broad political doctrine which includes both substantive and procedural
provisions e.g. a substantive provision is an Act of Parliament such as the Penal Code, while a
procedural provision can include the standard and burden of proof placed upon the prosecution in
any criminal case. This is because substantive provisions on their own are not enough to protect
the citizen against the arbitrariness of the state. Thus, procedural provisions come in to help

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safeguard the rights of an accused. Embedded in the principle of the rule of law are five essential
characteristics.

i. Equality before the law.

ii. The absolute supremacy of the law
iii. The separation of the functions of the organs of government and the independence of
the judiciary.
iv. Individual responsibility especially of persons in government. Personally liable for
illegal acts either in criminal or civil jurisdiction
v. Decisions being made by the application of known principles of law.
The rule of law implies that the principles of equality before the law is upheld. It excludes
autocratic or authoritarian approaches of governance which create a privileged class exempt from
the legal obligations borne by every other citizen. the absolute supremacy of the law implies the
pre-eminence of the regular laws of the land as opposed to the presence of arbitrary power. Thus,
every government action should be subject to the law. The judiciary should be separated from the
executive because if they are not separated, equality before the law suffers in that the executive
becomes both judge and executioner.

The rule of law balances an individual’s rights with the corresponding legal obligations of
citizenship. Any damage occasioned to individual citizens by official acts must be accounted for
individually, as all such acts are subject to the judgment and control by the appropriate legal
authority as to whether or not these acts were justified by law. The application of known
principles of law ensures that there is predictability in the legal system and the citizen should
know where he or she stands in relation to the law.

Therefore, following upon the basic principles of constitutionalism, common institutional

provisions used to maintain the rule of law include the separation of power, judicial review, the
prohibition of retroactive legislation and habeas corpus. The independence of the legislature is
established under the rule of law as is the independence of for judges in articulating and
interpreting laws. Thus, the rule of law and constitutionalism go hand in hand and the latter is
actually safeguarded by the rule of law. It is only when the rule of law is firmly established that
the supremacy of the constitution can exist.

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 b. The Separation of Power/Checks and Balances
The separation of powers is another value in the practice of democracy that is advocated through
civic education. The theory of separation of power, together with that of checks and balances
implies that government should have three organs and the power or functions of each organ
should be separated from the other. In addition, the theory of checks and balances states that the
three organs should be interlinked in such a way that one acts as a check on the other two with
the line that a condition of balance of power is maintained.

c. Individual Rights.
For the practice of democracy to be successful, each individual has to have the benefit of
exercising their individual rights and freedoms. These include a person’s right to life which can’t
be violated except in prescribed instances. Liberty of the individual also falls under individual
rights. liberties include personal freedoms, political and economic freedom. This freedom
includes the freedom for people to gather and assemble in groups; to have their own ideas,
beliefs and opinions; and the freedom to express their opinions; and the freedom to express their
opinions in public. These rights in Zambia are outlined in the Bill of Rights and the government
should protect these rights and not place undue restrictions upon them.

d. Equality.
Everyone has the right to political, legal, social and economic equality. The idea of equality
refers to the equality of rights and opportunities so that each member of the community has the
best possibilities for the development of his or her personality. Thus, everyone has the right to
the same treatment regardless of race, sex, religion, heritage, culture or economic status.

e. Representative Government.
For any society to be said to be democratic, it has to have some form of representative
government. This is so because people have the right to elect others to represent them in the
government. Other values of democracy strengthened through civic education include diversity,
tolerance, patriotism, justice and the common good of the community.

It is through the content of courses such as civic education that citizens are made aware of the
subject matter of the above concepts. Civic knowledge is thus provided by civic education to the
citizens regarding what they ought to know about how their system of government operates, this

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content can help citizens make informed judgments about civic life, politics and government.
Civic education also helps to develop the civic skills needed to help strengthen the practice of
democracy. These include intellectual and participatory skills.

Therefore, if citizens are to exercise their rights and discharge their responsibilities effectively,
they need to acquire a body of knowledge relating to democracy, as well as acquire the relevant
intellectual and participatory shills. For example, intellectual skills in civic life are a must and
are inseparable from the content. To be able to think critically about a political issue, one must
have an understanding of the issue, its history, its contemporary relevance, as well as the
command of a set of intellectual tools or considerations useful in dealing with such an issue.
These intellectual skills are also known as critical thinking skills needed in a democracy include
voting, petitioning, advocacy, and interacting and monitoring of public affairs.

Through civic education, citizens are also equipped with civic dispositions. These are traits of
private and public character that are essential to the maintenance and improvement of any
representative or constitutional democracy. All these characteristics develop in the citizens
overtime and result from a variety of factors e.g. the school environment, domestic experiences
and the interaction of citizens with various civic organisations; this is in addition to the
structured school curriculum of course such as civics, political science and legal education(law).
Civic dispositions necessary in a democracy include self-discipline, moral responsibility, public
consciousness, respect for the rule of law, civility, critical mindedness and compromise.

Therefore, citizens have a critical role to play in a democracy. Citizenship in a constitutional

democracy means that each citizen is a full and equal member of a self-governing community
and is endowed with fundamental rights and entrusted with corresponding responsibilities.
Citizen should understand that through their involvement in political life and in civil society they
can help improve the quality of life in their communities and nation. If citizens want their voices
to be heard, they must become active participants in the political process. Citizens should
understand that the attainment of individual goals and public goals tend to go hand in hand with
their participation in political life. Therefore, citizens are more likely to achieve their intended
goals as individuals and as a society if they are informed, effective and responsible citizens.

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In conclusion, it is important to understand that civic education is at the heart of the participatory
process needed in a democratic society. Civic education is any activity that helps prepare the
public to participate in public activities and affairs. It also helps citizens prepare to develop their
capacities and knowledge to engage in public affairs and to exercise and protect the rights that
are given to them by the constitution.

Activity

1. Define the terms Civic Education and democracy

2. Critically analyze the role of Civic Education in Democracy?

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Unit 2:0: Civic Education and Citizenship Education.

2.1: Introduction.

Civic education and citizenship education are important components in cultivating the citizen’s
participation in civic duties and responsibilities. Civic education and citizenship education are
both aspects of education that enable citizens to make decisions affecting their lives as citizens.
They both equip citizens with civic knowledge to enable them participate in the affairs of the
communities they live in at all levels i.e. at local, national and international.

2.2: Learning Objective

By the end of this unit, students should be able to

 Define Citizen Education

 Identify and discuss the relationship between Civic Education and Citizen Education.

2.3 Definitions.

Civic education in this context may be defined as the process of educating citizens on their
rights, duties and responsibilities to empower and motivate them to identify the areas of the
political and governance processes that they can effectively participate in; what they can do to
influence political outcomes and as a result of this influence, improve the quality of governance
at both local and national levels. In this sense, civic education is a formal subject taught in school
as an academic component in a country’s national curriculum. Civic education is thus an
identifiable body of knowledge, skills and understanding relating to the organisation and
working of the society which includes knowledge of the social history of a society, the
democratic process, government, the public administration and the judicial system.

Citizenship education on the other hand, can also be taught in schools as an academic subject
similar to civic education, but it also involves learning in an informal manner by the whole
community learning the values necessary for their participation in activities of their communities
e.g. learning participation in activities such as voting, reporting of crimes, protecting and
securing the common good of their communities etc can be learnt informally or in the formal
setting of a classroom.

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Therefore, citizenship education encompasses a whole range of educational processes, formal or
informal that encourages and informs the participation by citizens in community activities and
public affairs. Citizenship is one critical element which provides a foundation for citizenship.
The emphasis in civic education is also placed upon teaching features of good citizenship to the
young in society especially rights and duties of citizens, the functions of government, including
the civil service and cabinet; order and justice and the electoral system of a society.

In certain countries, for example, the England, citizenship is a statutory subject in the national
curriculum. It aims at contributing to the overall objectives of the national curriculum to develop
learners as successful participants in public affairs and responsible citizens in their communities.
Where citizenship education is formalized, it aims to develop citizens’ ability to participate as
informed, critical and responsible citizens. The main objective is to teach citizens to work
together and take practical action by using their citizenship knowledge and understanding.

Just like civic education, citizenship education combines academic knowledge of politics, law,
and the economy with practical social action. However, whereas civic education is broad and
cross-cutting, citizenship education tends to be restrictive and narrow in its approach, focusing
on certain aspects necessary for the citizens’ participation in a democratic society. Formalized
citizenship education, like civic education addresses democracy, including the political
institutions, Parliament and government, justice including the operation of the justice system, the
law and the courts; rights and responsibilities of citizens, including political, legal and human
rights.

2.4: Relationship between Civic Education and Citizen Education

Civic education and citizenship education provides citizens with the knowledge, skills and
understanding to become informed citizens aware of their rights, duties and responsibilities. In
its informal setting, citizenship education contributes directly to the health of democracy in
society by igniting citizens’ interest in politics and voting, the law and justice, government
structures and their operations etc. However, there are certain differences between the two and
these include the following:

i. Whereas civic education is a stand-alone course which does not limit itself to a single
society, citizenship education is more restricted and is suited to a particular society

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 e.g. in the United States, citizenship education is provided to immigrants about to
become naturalized citizens.
ii. In the Zambian scenario, citizenship education is not a formalized subject that is
taught in schools, nor is it examinable. Civic education is none of the above. Civic
education is a more formalized subject and is taught in a formal atmosphere.
Citizenship education can be both formal and informal. In Zambia, citizenship
education is not formalized and can be acquired from various sources including the
home, the media, school or any social setting.
iii. Civic education is also considered to be more dynamic in nature owing to its cross-
cutting characteristic. Citizenship education is considered to be less dynamic; civic
education is based on the knowledge that is acquired from politics and political
institutions, civic life and other theoretical concepts e.g. democracy, the rule of law
and similar theories of law, politics and other social sciences. Citizenship education is
said to be based on the values, attitudes and beliefs of a particular society. Moreover,
citizenship is a component of civic education and its taught in a formal manner.
Therefore, civic education prepares the learner in a variety of approaches in a formalized
academic setting. Citizenship education, in many instances is less formalized, and where it is
taught as an academic subject, its main thrust is the production of good citizens where the key
concepts taught include democracy, justice, rights, freedoms, responsibilities, identities and
diversity (tolerance) that students and citizens need to understand in order to practice democracy.
These include the key processes (e.g. voting) and skills (e.g. critical thinking) that are needed to
develop responsible citizens in a democratic society.

2.5: Citizenship Education and Democracy.

Citizenship education is an important means of establishing democratic citizenship in a fledging

or young democracy such as Zambia. Education, in general, plays a critical role in monitoring
any democratic system. Therefore, there is always a need for citizens to meet the expectations in
the practice of democracy. For example, as a grouping, citizens should know their rights and that
these rights can take different forms, which often conflict with other rights such that there is
need for these rights to be protected and balanced against each other e.g. freedom of expression
in the Constitution and the criminalization of the use of insulting language in the Penal Code.

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While a certain amount of democratic ideals and values may be picked up through ordinary
experience in the home, at work, in the media or any other social environment, this can never in
itself be sufficient to equip citizens for the sort of active role that is required of them in today’s
complex and diverse democratic societies. Therefore, citizenship education comes in to help fill
the gap. Thus, if citizens are to become genuinely involved in public life and public affairs, a
more explicit approach to citizenship is required.

The concept of citizenship is at the core of education in democracy. Citizenship is the social and
legal link between the individuals and their state (or the democratic political community).
Citizenship is the fundamental institution that connects the individual bearer of rights to the
protective agencies of the state. Thus, the civic realm of the state provides the main channel
through which individuals can participate and share in their governance.

The status of citizenship entails important responsibilities and duties that must be fulfilled by a
citizen; if not, democracy is disabled. The duties of responsible citizenship include paying tax,
serving in the country’s armed force when called upon, obeying the laws enacted by one’s
representatives in government, demonstrating commitment and loyalty to the political
community, and taking part in activities that improve the quality of political and civic life in
one’s society.

In this respect, citizenship education provides citizens with the knowledge, skills and
understanding to become informed citizens aware of the rights, duties and responsibilities.
Citizenship education contributes directly to the health of a nation’s democracy by igniting the
citizen’s interest in politics and voting, the law and justice, and government structures and
operations. This can be done both in a formal setting and in an informal manner.

Democracy rests upon the principle that government exists to serve the people; the people do not
exist to serve the government. Thus citizens should be able to hold their government
accountable. Citizens have a key role to play in holding government to account through elections
and an understanding of how to participate in different kinds of responsible, democratic action
and play their part in public life e.g. by petitioning their local representatives, advocating for or
against certain issues, monitoring and in extreme cases demonstrating for issues they believe in
or stand for.

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It is through the learning experiences in citizenship that citizens will acquire knowledge on civic
duties and responsibilities, including the principles of democracy and the structures and
processes of the local and central government. Even though conducted informally, citizenship
education can help citizens to learn to participate responsibly and in cooperation e.g. in group
situations and as a result promoting diversity and tolerance in society; they also learn when and
how to take responsible social action e.g. reporting criminal offenders to the relevant authorities,
rather than engaging themselves in incidents of mob justice whereby the rule of law is negated
and citizens take the law into their own hands.

Activity
1. Critically analyze the role of Citizen Education in promoting democracy
2. Discuss the similarities and differences between Civic Education and Civic Education

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Unit 3.0: Public Administration
3.1: Introduction
This unit discusses the meaning of public administration, nature of public policy, scope of public
administration,

3.2 General Outcome

By the end of this chapter, you should be able to discuss the meaning, the nature and the
scope of Public Administration and theory of administration.

3.4: The Meaning of Public Administration

The word “administration has been derived from the Latin words “ad” and “ministiare” which
means to “serve”.
Public Administration means the management of affairs or looking after the people. It is a
process of management practiced by all kinds of organizations from a small private organization
to the most complex system of the government. To administer is to manage, direct or serve.
Professor White in Bwagwan and Bhushan (2001), defines administration as a process, common
to all group efforts, public or private, civil or military, large scale or small scale. It is a process
of work in a departmental store, a bank, a school, a hotel or a city. Various scholars have given
different definitions of administration as the organization and direction of human and material
resources to achieve desired ends. More steins (ibid) define administration as a determined
action taken in pursuit of a conscious purpose. It is a systematic ordering of affairs and the
calculated use of resources aimed at making those things happen which we want to happen.
According to Professor White (ibid), Public Administration consists of all those operations
having for their purpose the fulfillment or enforcement of public policy.

According to Pfeiffer (ibid), Administration consists of getting the work of government done by
coordinating the efforts of the people so that they can work together to accomplish their set tasks.
According to Willoughby (ibid), the term administration may be employed in political science in
two ways. In its broadest sense it denotes the work involved in the actual conduct of
governmental affairs, regardless of the particular branch of government concerned. In its

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narrowest sense it denotes the operations of the administrative branch only. According to
Dimock (ibid), Public Administration is the fulfillment or enforcement of public policy as
declared by the competent authorities. It deals with the problem and powers, the organization
and techniques of management involved in carrying out the laws and policies formulated by the
policy making agencies of government. Waldo (ibid) defines Public Administration as the art
and science of management as applied to the affairs of state.

The above definitions point out that the term Public Administration has been used in two senses.
In the wider sense, it includes all the activities of the government whether falling in the sphere of
the legislature, executive or judicial branch of the government. In the narrow sense, Public
Administration is concerned with the activities of the executive branch only. Thus it may be said
that Public Administration is the non-political machinery of the government carrying on its work
for the welfare of the people according to the laws set up by the state. It is the permanent
executive as distinguished from the political one. Public Administration only deals with people
and not things. It is the participation of human beings in the activities of the state that matter.

3.5: Nature of Public Administration

There are two divergent views regarding the nature of Public Administration. These
views are:
(a) Integral View
According to this view, Public Administration is a sum total of all the activities undertaken in
pursuit and fulfillment of public policy. These activities include not only managerial and
technical but also manual and clerical. Thus the activities of all persons from top to bottom
constitute administration although they are of varying significance to the running of
administrative machinery. Professor White (ibid) adopted this view of Public Administration.
According to White (ibid), Public Administration consists of all those operations, having for
their purpose the fulfillment or enforcement of public policy. This definition covers a wide are
of operations such as sale of public land, the removal of litter from townships and awarding of
licences. Dimock (ibid) stated that Public Administration is concerned with the ‘what’ and the
‘how’ of government. The ‘what’ is the subject matter, the technical knowledge of a field which

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enables the administrator to perform his or her tasks? The ‘how’ is the technique of
management, the principles according to which cooperative programmes are carried to success.

(a) Managerial View

According to this view, only the work of those persons who are engaged in the performance of
managerial functions in an organization, constitutes administration. Their job is to plan,
programme and organize all the activities in an organization so as to achieve the desired ends.
According to Gullick (ibid), administration has to do with getting things done, with the
accomplishment of defined objectives.

The above two views differ from each other in many ways. The integral view includes the
activities of all persons engaged in administration, whereas the managerial view restricts itself
only to the activities of a few persons at the top. The integral view includes all types of activities
from manual to managerial, from technical to non-technical, whereas managerial view takes into
account only the managerial activities in an organization. Managerial view is identified with the
managerial techniques common to all the fields of administration. Luther Gullick (ibid) defines
these techniques by letters of the word: POSDCORB which means Planning, Organizing,
Staffing, Directing, Coordinating, Reporting, and Budgeting. As a study, Public
Administration examines every aspect of government’s effort to discharge the laws and to five
effect to public policy as a press.

3.6: Scope of Public Administration

Public Administration covers the entire area and all the activities of the government. But the
term has come to signify primarily the organization, personnel, practices and procedures
essential to the effective performance of the civilian functions entrusted to the executive branch
of government. Public Administration is in fact the executive in action. It does not include the
study of judicial or legislative administrations, although they also share in the implementation of
public policy.

Several writers have defined the scope of Public Administration differently. Luther Gullick
(ibid) sums up the scope of Public Administration with the word POSDCORB meaning

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Planning, Organizing, Staffing, Directing, Coordinating, Reporting, and Budgeting. Planning
means the working out in broad outline the things to be done, the method to be adopted to
accomplish the purpose. Organization means the establishment of the formal structure of
authority through which the work is sub-divided, arranged, defined and coordinated. Staffing
means the recruitment and training of the personnel and their conditions of work. Coordinating
means inter-relating the work of various divisions, sections and other parts of the
organization.Reporting means informing the agency to whom the executive is responsible about
what is going on. Budgeting means fixed planning, control and accounting.

According to Gullick (ibid), the POSDCORB activities are common to all organizations. They
are the common problems of management which are found in the different agencies regardless of
the peculiar nature of the work they do. The POSDCORBview of the scope of Public
Administration overlooks the fact that different agencies are faced with different administrative
problems which are peculiar to the nature of the services they render and the functions they
perform. The POSDCORB view takes into consideration only the common techniques of
administration and ignores the study of the subject matter with which an agency is concerned.
Gullick’s approach is technique oriented rather than subject oriented. Pfeiffer (ibid), has divided
the scope of Public Administration into two headings:-
(i) Principles of Public Administration
(ii) Sphere of Public Administration

Under Principles of Public Administration, the following points are covered:-

(i) Organization: which means the structuring of individual functions into productive
relationship.
(ii) Management personnel: which is concerned with ten direction of these individuals and
functions to achieve ends previously determined.
(iii) Method and Procedure: which is the technique of administering the process of
working. That is, ‘how’ of administration
(iv) Material and Supply: these are the tools with whose help administrative work is carried
out for example, pens and ink, carbon paper and furniture.

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 (v) Public Finance: This is money used for the day to day operations of an organization or
department, without which personnel cannot be performed.
(vi) Administrative Accountability: All administrative activities of an organization or
department are subject to internal control as well as external responsibility to courts of
law, the legislature and the members of the public.

The sphere of Public Administration includes the Central Government, State Government
which comprises of regional and local authorities and also public corporations. According to
Prof. Pfeiffer (ibid), Public Administration includes the totality of government activities,
covering different types of techniques of organization and management whereby order and social
purpose are given first priority. It is the study of people, materials and methods in
administration.

Walker (ibid) gave a comprehensive account of the scope of Public Administrative by dividing it
into two parts:-

(a) Administrative Theory

(b) Applied Administration

(a) Administrative Theory

This includes the study of structure, organization, functions and methods of all types of public
authority engaged in carrying out the administration at all levels, that is, at local, national,
regional and international. Furthermore, it is a study of all problems connected with external
control of parliament and cabinet over administration, internal control of administrative
machinery, judicial control over administration, administrative tribunals, planning,
programming and execution of public actions, recruitment of personnel and problems
connected therewith, research, information and public relations. The emphasis is to find out
certain principles of administrative actions which can be usefully applied in practical
administration.

(b) Applied Administration

18
Different scholars have defined differently what ‘Applied Administration’ is. Walker (ibid)
has made at attempt to classify the main forms of applied administration on the basis of ten
principle functions which he called as political, legislative, financial, defensive, educational,
social, economic, foreign, imperial and local.

He gave the following explanations:-

(i) Political: This includes a study of executive – legislature relationship, political,
administrative activities of the cabinet minister and ministry of officials relationships.
(ii) Legislative: This includes delegated legislation, preparatory work done by the officials in
drafting of bills for enactment.
(iii)Financial: This includes the whole of financial administration from preparation to the
enactment of budget.
(iv) Defensive: This includes a study of military administration.
(v) Educational: This includes a study of educational administration.
(vi) Social: This covers all administration in the social field such as housing, food, social
security and employment.
(vii) Economic: This covers all administrative activities in the economic field such as
industries, agriculture, foreign trade, commerce and public enterprises.
(viii) Foreign: This covers foreign administration which includes international cooperation,
international agencies for international peace and prosperity and diplomacy.
(ix) Imperial: This includes problems and techniques of imperial dominations over other
nations.
(x) Local: This covers administration of local bodies.

In short, Applied Administration includes the study of administration in the various countries
of the world, the study of various departments or services in the progressive states, the study
of organization at various levels, that is, governmental, local, national and international, the
study of the historical development of administrative methods and techniques and the study
of the problems connected with international organizations. People expect a wide range of
services and protection from government. Public Administration is only a means to the
attainment of the objectives of the state.

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3.7: Public and private Administration
In order to understand the scope of Public Administration, it is important to distinguish it from
Private Administration. The management of affairs by private individuals or bodies of
individuals, such as clubs, companies or corporations, constitutes Private Administration, while
the management of affairs of the public by central or local government or statutory bodies,
constitutes Public Administration. The techniques of management and organization are common
to both Public and Private Administration. Public Administration has drawn its content from the
knowledge of Private Administration. All undertakings require planning, organization,
command, coordination and control. Both Public and Private Administrations observe the same
general principles.

There are some points of similarity between Public and Private Administration, for example, the
personnel practices in Private Administration resemble those of Public Administration. Both
kinds of administration are guided and regulated by certain common rules and regulations. The
following are the main points of differences between Public and Private Administration.

(a) Political Direction

The great distinction between public and private administration lies in the fact that unlike Public
Administration, Private Administration is not subjected to political direction. Its objectives do
not spend political decisions. The administrator under Public Administration has to carry out the
orders which he or she gets from the political executive with no option of his or her own.

(b) Profit Motive

Public Administration is conducted with the motive of service while the main motive of Private
Administration is profit making. For example, if a car industry brings more profit to the
capitalist than the establishment of a textile industry, then the capitalist will set up a car industry
and not a textile industry. But in Public Administration a textile industry will be the first priority
in order to provide clothes to the public. It is also important to note that a Private Administrator
will never undertake a work if it does not bring profit to him or her. In the Public Administration

20
some functions are performed by the state for the main purpose of providing a service to the
public, for instance, running government schools.

(c) Service and Cost

In the Public Administration, money to service government operations is raised by taxation. In
other words, there is a direct relationship between the service rendered and the cost of the service
charged from the public. In most cases the government budget expenditure exceeds income. In
Private Administration, income often exceeds expenditure because there is usually at attempt to
extract as much money as possible from the public in the form of profits. If this does not happen
a company will opt to close. This does not mean that Private Administration is never inefficient.
There are some private companies which make a lot of losses due to inefficiency. The incentive
of cash in Private Administration is used to motivate workers to maximize the profits. The
incentive is lacking in the Public Administration.

(d) Nature of Functions

Public Administration is more comprehensive. It deals with various types of the needs of the
people, such as building of hospitals and schools, maintenance of roads and provision of clean
drinking water. Private Administration does not usually cover so many aspects of human life. It
is mostly concerned with the economic needs of life to make profit. Public Administration
carries out a lot of functions which are vital for the existence of the people, such as defense of
the country, the maintenance of law and order and the provision of medicines in hospitals.
Private Administration on the other hand is concerned with less vital functions such as
manufacturing of goods and provision of transport services. Public Administration owns some
of the monopolies in services, such as provision of electricity and water. It is rare that Private
Administration can undertake such huge ventures with the main aim of providing services to the
public.

(e) Public Responsibility

Public Administration has responsibility for public. Whenever the officials go wrong, they
receive a lot of criticism from the public, the press in particular and political parties. The
officers are supposed to act in accordance with the wishes of the people, expressed through their

21
representatives in the legislature and ministers who are held responsible for fulfilling the
people’s wishes. The principle of public responsibility required Public Administration to keep
elaborate records and account of their actions and to ensure that all public activities are made
known to the public. According to Appleby (ibid), Public Administration differs from all other
administrative work by virtue of its public nature, the way in which it is subject to public
scrutiny and outcry. On the other hand, Private Administration does not have any great
responsibility towards the public. It is not responsible to the public in the sense in which the
public administration is. The immediate task of the Private Administration is to make profit
while Public Administration is directly responsible to the people. To a great extent, Private
Administration is only responsible to the people indirectly with the main aim of making profit to
remain in business.

(f) Uniform Treatment

Public Administration is consistent in procedure and uniform in dealings with the public. Any
given policy is followed and applied in a uniform manner to the public. The public officials
cannot show favour to some people and disfavour to others. In a Private Administration, there is
no need to bother much about uniformity in treatment. It can cater for various special needs and
purposes. It can favour some and disfavor others without raising much criticism and public
protest. In the case of the Public Administration, any favouritism or any form of discrimination
would immediately raise the storm and public outcry. A shopkeeper selling goods may give
credit to a person who is his regular customer but may not extend the same facility to a casual
purchaser. Such a situation does not occur in Public Administration. For example, a person who
is a regular customer at the post office cannot be given stamps on credit. The treatment is the
same to a person who rarely buys stamps.

(g) Public Relations

Public and Private Administration also differ on the principle of public relations. Private
Administration applies public relations in full in order to attract customers or win more
customers. This is done in many ways such as widows displays, free samples, design and colour
of labels. In Public Administration, public relations has a narrow content since the service given
is not meant to make profit or to attract customers.

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 (h) Efficiency
Most scholars have written that Private Administration is more efficient than Public
Administration. The Private Administration gives incentives to workers to improve efficiency.
This is lacking in Public Administration. There are discriminations in the payments to workers as
incentives to increase production and to attract highly qualified staff to improve designs and
production. Public Administration is marked by red tape, extravagance, corruption and
inefficiency. In a Private Administration, workers are given incentives to produce more.
Incentives are lacking in the Public Administration, hence a lot of inefficiency. This does not
mean that Private Administration is never inefficient.

(i) Organization
Though the principle of organization is relevant to both Public and Private Administration, in
Public Administration the principle ha social consequences. The public has great influence in
the manner Public Administration operates than in the Private Administration.

(j) Monopoly
Public Administration is monopolistic. It does not allow Private Administration to compete with
it in certain ventures which the government considers of national importance. For instance,
Zambia Electricity Commission (ZESCO) produces electricity which is key to national
development. The government cannot allow the private sector to compete with ZESCO in the
production of electricity. Competition in the private sector is open. Companies are free to
supply the same commodities and compete for the market.

(k) Officials Remain Incognito

In the Public Administration officials remain incognito and their identity is not disclosed in what
they do. This is so because whatever they do, they do in the name of the government and not in
their own private capacity. On the contrary officials in the Private Administration are known and
whatever they do they make it public. Some business enterprises are named after the owners,
while entrepreneurs do things on their own behalf.

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 (l) Psychological Difference
There is psychological difference between Private and Public Administration. Workers in the
Public Administration care little about the action they take. For instance, when workers are not
awarded higher salaries and good condition of service by the government, they easily go on
illegal strikes without caring for the consequences of their action. This is not the case in the
Private Administration. Workers fear to be dismissed from work if they go on strike. They only
resort to strike action as the last option after all means to air their grievances have been
exhausted. Workers in the private sector know the dangerous consequences of going on strike.

(m)Financial Meticulousness
Public Administration has to be very careful in financial matters. The misuse of public funds
may raise a lot of criticism from the public and compel the government to resign or to be voted
out of power. The public expects the public money to be spent meticulously and according to the
prescribed procedure. The executive does not control finance. It is the legislature which
exercise financial control over the executive. In the Private Administration the company can
spend money anyhow without any public outcry. There is no correlation between finance and
administration.

(n) Greater Social Prestige

Public Administration carries a greater social prestige than Private Administration. Public
Administration has more opportunities to render services to the people than Private
Administration. Hence equipped officials with ability and experience work to promote and
safeguard public interest. This adds to their social and enhances their prestige.

According to Simon (ibid) the distinction between Public and Private Administration
relates mainly to three points:-

(i) Public Administration is bureaucratic whereas Private Administration is business

like.
(ii) Public Administration is political whereas Private Administration is non-political.

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 (iii) Public Administration is characterized by red-tape whereas Private
Administration is free from red-tape.

In a similar way, Sir Josia Stamp (ibid) points out four main points of distinction between
Private and Public Administration.

First, Public Administration has to be conducted according to certain rigid rules and
regulations and its decisions must be consistent.

Second, Public Administration is subject to the principle of external financial control of

the legislature.

Third, Public Administration is subject to the principle of public responsibility. Fourth,

Public Administration is free from profit motive.

The above characterization proves that both the Public and Private Administration are
placed in different surroundings. Hence, Public Administration has come to acquire
certain distinctive features which differentiate it from private administration. Public
accountability is key. It is always conscious to community service. It is important to
note that although Public differs from Private Administration, the Private Administration
functions within a framework of general laws of the country and special laws which
control it. The driving force behind a private enterprise is self-interest. As such, he or
she is conscious of community service.

3.8: The Importance of Public Administration to Democracy

The ideals of democracy, such as progress, prosperity and protection of the common man, can
only be obtained through impartial, honest and efficient administration. An administration
should be neutral in politics and serve faithfully any political party which comes into power. He
or she should possess the ability to get along with the people, have good character and integrity,
have good qualities of leadership and be able to make good correct decisions without
procrastination. He or she must be able to have skills for getting along with politicians.

25
In Public Administration is to serve democracy, it must be left to operate according to its nature
and given the freedom and autonomy which are necessary for its efficient functioning.
Unfortunately, here is always undue interference of politicians in Public Administration. Such
interference only impairs the efficiency of Public Administration and it ceases to be an effective
instrument for the realization of democratic ideals in the nation. Public Administration is very
important in the lives of the people. It affects them at every step. Citizens depend on good
Public Administration.

Summary

Public Administration deals with the administrative activities of the government. The word
“administration” comes from the word administer, meaning to discharge, to provide, to conduct,
to manage something or to direct. Therefore, administration is directing, managing or governing
the affairs of a country or a company or an institution. Public Administration refers to the work
involved in the conduct of the affairs of the government. Public Administration is the fulfillment
or enforcement of public policy as declared by the competent authorities.
Public Administration is concerned with all the activities of the three organs of government,
namely, the Executive, the Legislature and the Judiciary. Private Administration is the
management of affairs by private individuals or bodies of individuals such as clubs and private
companies. The techniques of management and organization are common to both Public and
Private Administration, such as accounting, statistics, office procedures, purchases, stocking and
engineering. The basic differences between Public and Private Administration have been given
by many scholars as: political direction, profit motive, service and cost, nature of functions,
public responsibility, uniform treatment, public relations, efficiency, organization, monopolistic,
officials remain incognito psychological differences, financial meticulousness and greater social
prestige.

Activity
(i) Briefly discuss the differences between Public and Private Administration.
(ii) Discuss the two divergent views regarding the Nature of Public Administration,
that is, integral and managerial views.

26
(iii) Public Administration embraces the entire area and all the activities of
government. Comment on Luther Gullick’s analysis of the Scope of Public
Administration.
(iv) Walker divided the Scope of Public Administration into two parts:
- Administrative Theory and Applied Administration. Explain what the two
divisions are about. How do they differ from each other?
(v) Discuss the link between Public Administration and Democracy.

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Unit 4:0: The Structure of Government.
4.1: Introduction
The unit looks at the government and its structures.
4.2: Learning Objectives
By the end of this unit, students should be able;

 Define a government
 Outline and discuss the various structures of the government

The government is the agency through which the will of the state is formulated, expressed and
realised. The organisation of the government can be viewed either territorially in that
government organisation is examined at the national, regional and local levels, or functionally in
that there are different organs concerned with the enactment, implementation and enforcement of
the “law” of the land. Therefore, the territorial division relates to the splitting up of the territory
of the state into political divisions and the distribution of governmental powers among such
divisions.

Each of the political divisions is then provided with a governmental organisation through which
it performs its functions. As the work of government is so wide and complex, it is imperative that
special organs are established to perform the several kinds of work to be done. When the work of
government is distributed to political organs in accordance with the nature of the function to be
performed, it is the functional distribution of powers involved.

Based on this principle of distribution, all the powers of government have long been conceived
as falling within one or another of the three classes namely, the enactment of making laws, the
interpretation of these laws and their enforcement. Therefore, when considered structurally (in
terms of their structure), government has been deemed to be made up of three branches having
for their functions the enactment, adjudication and enforcement of law. This three-fold division
of governmental powers had received such universal recognition that it became a classical
division.

4.3: The Legislature.

The legislature or the body of officials elected to represent the public, is in most political systems
also charged with making of primary legislation i.e. laws that may be elaborated upon by
subsequent actions by the executive. Being a representative assembly, the legislature in a
democratic state enacts the general rules of society in the form of law. The laws of the state
prescribe the manner in which people are expected to live in a politically organised society.

The usual term ‘legislature’ is one indication of the exaggeration of the law-making function of
assemblies. The legislative function is important in some political structures, but historically,
assemblies have emerged from the executive’s need for advisory bodies. However, the legislative

28
functions were neither prior to, nor are they more politically important than other functions of
modern assemblies. The primary and most important function of the state is legislative, and the
executive and judiciary cannot function until the legislature has functioned i.e. until the
legislature has made law. Every executive and judicial act involves an enactment made by the
legislature.

There are wide variations in the status, powers and functions of legislature. These differences
among assemblies depend on several variables, one of which is the constitutional structure of
the state. The system of representation also leads to many variations among assemblies. The
level of socio-economic development and the importance of regional differences are significant
for the functioning of the national assembly. The political culture and the historical development
of the political institutions are other important variables explaining the role and power of
assemblies.

Art. 62 of the 1996 Constitution of Zambia vests the legislative power of the Republic in
Parliament. It provides “the legislative power of the Republic of Zambia shall vest in Parliament
which shall consist of the President and the National Assembly.” The manner of the exercise of
this authority is provided for in Art. 78, which states that the role of the National Assembly is to
pass bills and the role of the President to give assent to those bills.

It is only when the two institutions of the Presidency and the National Assembly are acting
together in this manner can they said to be exercising the legislative authority of the republic.
The exercise of this authority is limited and is subject to the authority of the constitution. The
constitution provides to this effect that “subject to the provisions of this Constitution, the
legislative power of Parliament shall be exercised by bills passed by the National Assembly and
assented to by the President.”

The limitation of legislative power is in two ways.

i. Substantive limitations- since Parliament is bound by the constitution, it is obliged to

abide by all the provisions of the Constitution. For example, the Bill of Rights limits
the extent of the exercise of legislative authority. If Parliament wants to amend a law
which affects the Bill of Rights, it can only do so in a manner consistent with a
derogation provision.
ii. Procedural limitations- the constitution provides for how Parliament should conduct
its business e.g. there must be a quorum for a meeting of the National Assembly to be
convened.

4.4: Functions of the Legislature.

The functions of the legislature are not identical in every country as they depend on the form of
government in any particular country. For example, in a parliamentary system a in Britain, the

29
legislature is superior to the executive in that the executive is responsible to the legislature for all
its acts and ministers remain in office only so as long as they can retain its confidence.

a. Legislative functions.

As law is regarded as the expression of the will of the people, which is expressed through
representative assemblies, thus legislation is the most prolific and direct source of law. These
laws must be consistent with the changing conditions of society and must also be in harmony
with the emerging social environment e.g. aspects of public policy in decisions passed by the
judiciary. In addition there is the function of influencing the executive.

Under a parliamentary system, the executive has a direct hand in the making of laws. Under the
presidential system, the executive is not in direct touch with the legislature as it exerts its
influence through presidential messages. Zambia has elements evident of both systems.

The legislature may be constitutionally barred from making laws on certain matters. It is usually
the more fundamental constitutional laws that are placed beyond the legal competence of the
assembly, thus most states provide special procedures for constitutional amendments e.g. Art 79
in the Republican Constitution. Even when the legislature makes changes in the basic law, there
are requirements for extraordinary majorities e.g. two-thirds (2/3) majority in Zambia.

b. Deliberative Functions.

To make a law really reflect public opinion, it is necessary that it should not be made hurriedly
and therefore it needs to be studied so that its contents maybe considered from all points of view.
In this respect, the legislature is the best example of a deliberative body. Deliberation is the chief
process by which policy is determined and laws are made.

c. Financial Functions.

The fact of representative democracy is the control and regulation of national finances by the
legislature. It is a fundamental principle of modern states that no taxes shall be levied or
expenditure authorised without the approval of the representatives of the people. Theory “no
taxation without representation,” recognises the supremacy of the legislature in raising revenues
and incurring expenditure.

d. Administrative Functions.

Assemblies do not actually participate in administration as its proper jurisdiction is that of

superintendence and control. In countries with a parliamentary system, the control of the
legislature over the executive is direct and immediate as ministers are individually as well as
collectively responsible to the legislature and the legislature can in this instance, censure
ministers who may be removed by a vote of no confidence. In a presidential system, the
legislature may remove the head of state by adopting a motion of impeachment.

30
e.Judicial Functions.

In a bi-cameral (two-chambered) legislature, the upper house of the assembly performs certain
judicial functions. In the United Kingdom, the House of Lords is the highest Court of Appeal. In
the United states, the Senate sits as a Court of Impeachment for the trial of the President and
vice. In a uni-cameral legislature with one chamber, the assembly performs similar functions of
sitting as a court for impeachment motions, also for the lifting of presidential immunity as was
the case with former president, Chiluba.

f. Representative Functions.

There are elections in the vast majority of modern states, and although the resulting
representative assemblies differ in status and power, they share, in varying respects, the function
of providing some link between government and the governed. They are one, but not the only
one, means of channeling demands from below (from the people or the electorates) and
providing information and explanation from above ( from politicians and other members of the
executive).

These are important functions in the working of the whole political system and they enhance the
stability of the system. Further, the rituals provide a means of controlling potential conflict
among groups within the assembly by reminding them of the dignity assumed to be involved in
their roles. Assemblies also perform constituent and elective functions.

4.5: The Executive.

Governments and political executives have overlapping functions i.e. the political executive is
responsible for executing the law, but increasingly the executive also assumes responsibility for
making law. However, the primary function of the executive is to carry out decisions made by
the legislature, and it also enforces the laws as they are passed by the legislature. In this regard,
the executive also enforces the decisions made of the judiciary.

The executive is the term used to designate all those officers of the government whose business it
is to execute or to put into effect the laws. Therefore, the executive is the anchor in which the
actual administration of the state is set and it includes all officials engaged in administration. In
modern reference, the executive encompasses the whole governmental organisation with the
exception of the legislative and judicial organs and includes all officials through whom the laws
are administered.

According to Garner, the executive organ embraces the aggregate or totality of all the
functionaries and agencies which are concerned with the execution of the will of the state as that
will has been formulated and expressed in terms of laws. In this sense, the executive embraces
not only the head of state or government, but also the ministers and the whole mass of

31
subordinate executives and administrative functionaries who constitute what is known in the
modern democratic state as the civil service.

In relation to this, the executive can be broken down into the political executive which is made
up of all elected members such as the President and his/her cabinet, and the permanent officials
who are non-elected but are appointed to serve for a fixed period of time e.g. the Secretary to the
Cabinet or the Attorney–General. However, in its narrower meaning in political theory, the
executive comprises the executive heads and their principal colleagues who run the machinery of
government; they formulate national policy and see to it that it is implemented. In other words,
the large army of administrators is there just to carry out the policies laid down by the top
executive authorities. (For a comparison of the Permanent and Non-permanent executive, see
Module)

4.6: The Executive and the Bureaucracy.

Traditionally, a distinction has been made between making policy and subsequently putting that
policy into operation i.e. rule-making and rule application. It has also been customary to
distinguish between the different roles of the political executive and the professional public
administration. Therefore, according to liberal democratic theory, each minister makes policy
and is responsible to Parliament for that policy-making and also for policy-implementation
within his or her department, while the minister’s civil servants are not politically responsible to
the assembly in this way, only indirectly through the minister.

The distinction between the political executive and the permanent executive- the administration
or the bureaucracy- is difficult to sustain in practice. An attempt to differentiate the political
executive and the permanent executive points to some important differences of status and
function, but even in political systems where the dividing line between politicians and civil
servants is clearer, it is impossible to find top civil servants without any degree of policy
initiative. This is especially so given the complexity and scope of the policy-making powers in
modern “welfare” states. Civil servants or the bureaucracy are therefore firmly a part of the
political process as are political parties and pressure groups.

In some states, the distinction between politicians responsible ultimately to an electorate and
owing their political position to a process of party recruitment (not evident in Zambia), and civil
servants who are trained and selected on the basis of special skills (not usually the case in
Zambia) and ready to implement the commands of the political executive is very thin. Unlike
civil servants in Britain (and also in Zambia), civil servants from Franco-phone countries are
allowed to take part in political party activities and therefore less concerned with avoiding party
labels.

The dividing line between political policy-making and bureaucratic implementation are often
confused in developing countries. Policy implications are present in all significant and
administrative behaviour. With the indigenisation of the public bureaucracy, the increasing

32
tendency has been to use patronage to control the bureaucracy (which provides a means of
facilitating employment opportunities for supporters) further blurring the line between policy and
administration. The argument has been that developing countries require committed
bureaucracies in order to propel programmes into society that often impose costs on different
segments of society. However, this has been a ready excuse for politicising the bureaucracy.

Therefore, it is difficult to make clear-cut distinctions between the career bureaucracy and the
political executive in regard to their functions. It is particularly troublesome to distinguish
between political executives and their immediate staff who may, or may not be members of the
permanent civil service, but whose task is to serve those at the very summit of government
power e.g. Emmanuel Mwamba when he served as Dr. Chiluba’ personal secretary as a former
president.

4.7: The Judiciary.

In a discussion of the courts in modern political systems, it is impossible to distinguish between

interpreting rules and making them i.e. between rule-making and rule-adjudication. Therefore, it
is convenient to separate different political structures for analysis, but it is important to
remember that is separation is artificial.

The judiciary is the third, separate as well as independent, organ of a political organisation. It
includes those officers of government whose function is to apply the existing law to individual
cases. Application of the law implies that the judiciary is the body of officials who interpret and
enforce the law of the state. Therefore, in every state, the citizens expect justice at the hands of
their administrators (the political executive) who are entrusted with the tasks of maintaining law
and order.

The judiciary is the guardian of the rights of man and protects these rights from all possibilities
of individual and public encroachments. If there are no adequate provisions for the
administration of justice, the liberty of the people is endangered. This is because the welfare of
citizens greatly depends upon speedy and impartial justice. Therefore, the judiciary provides a
definite means which should ascertain and decide rights, punish crimes and protect the innocent
from injury and usurpation. Disputes may arise between the citizens or between the citizens and
the state. For this reason, it is needed that there should be a separate department of the state to
maintain the “rule of law.”

Historically, the executive and the judicial functions were combined, with the monarch also
acting as a ‘fountain of justice,’ in addition to his or her executive functions. However, it was
realised that justice could not be served if judicial and executive functions were combined in one
person. Locke stated that “where law ends, tyranny begins.” Therefore, the judiciary’s role is to
enforce the system of law as legislated upon by the legislature. The modern state is inconceivable
without a separate judicial organ functioning independently and impartially. Hence, judges and
courts of law (the legal system) are significant aspects of the complete political process. If not

33
taken as a part of the process, we would have a distorted and inaccurate view of the political
process if there were too crude a separation of functions.

Therefore, is it important to recognise that legal adjudication is not a process far removed from
the world of politics. There is always an interplay between the legal structure, the political
culture, and the political and social values of the judges. There are two main reasons for
emphasising that the judicial system is part of the political process.

a. Liberal democratic theory has always placed a premium on the necessity of protecting the
citizen from a too-powerful state and has therefore emphasised the impartiality of the
judicial process, the independence of the judiciary and the need to respect and show
confidence in the way judicial decisions are reached and received.

b. The growth of quasi-judicial institutions has led to emphasising some aspects of the
doctrine of the separation of power. This is done in order to prevent too much
concentration of political power in the hands of the government and also to guard against
the excesses of democracy i.e. the tyranny of the majority. Therefore, the non-
majoritarian institutions of the courts are crucial in providing a balance of democratic
control and the preservation of values that protect that democracy.
4.8: The Judiciary and the Political Process.

In liberal democratic systems, the legal system is said to be characterised by concepts such as
impartiality, consistency, openness, predictability, and stability. All citizens, in theory, are equal
before the law and citizens also have rights to counsel. The results of legal procedures regarding
certain actions may also be reasonably foreseen. This is because the legal procedures are known
in advance and they will follow certain predictable patterns. This is what is known or meant by
the term “rule of law.” However, these are not to be taken as absolute as they are certain
derogations that are contained in the Constitutions of various nations that limit the operation of
the principles outlined in the rule of law.

These are known as derogation or clawback clauses. For example, the state can be granted
extraordinary powers during emergencies such as in a state of war or internal unrest. This means
that there can be an abrogation (suspension) of the normal judicial procedures. However, in
developing countries, these states of emergency were usually the rule rather than the exception.
In addition, it is also a fact that in most legal systems, the more affluent tend to have greater
access to skilled legal defence, despite formal equality before the law.

The independence of the judiciary is a universally accepted principle of modern justice.

Therefore, the absence of such characteristics as impartiality and predictability contained in the
rule of law are true only of certain areas in the legal systems of most developing societies. This is
because criminal and civil cases involving such matters as theft, violence, slander, debts etc are
generally conducted in accordance with established law. On the reverse side, uncertainty,

34
discretion and bias are characteristic of more ‘political’ cases e.g. the acquittal of second republic
president, FTJ Chiluba.

The legal structure of the court system varies according to several factors. For example,
federalism may tend to exhibit a structure of parallel courts, i.e. there is adjudication on federal
matters at federal level and there is also adjudication at state or provincial level on separate state
or provincial matters, e.g. as regards state criminal jurisdiction. This is, however, is not a
universal norm. Some legal systems also emphasizespecialization. For example, in South Africa,
there is a constitutional court which deals specifically with matters of a constitutional nature.
Legal systems in Franco-phone countries also tend to exhibit this characteristic. Zambia follows
the British model in that there is no separate administrative and constitutional court structure, but
above the lowest courts there are separate civil and criminal courts with separate Courts of
Appeal.

The structure of legal systems is important for some of the functions of the courts, in particular,
those functions concerned with increasing powers of the central government and for the
protection of administrative and civil rights. More importantly, the procedures for selecting and
dismissing judges and the background of recruits to the judiciary are crucial factors in assessing
the degree of independence of the judiciary as well as for evaluating the political behaviour of
judges.

4.9: Functions of the Judiciary.

The courts will have various functions to perform in the political system depending on the
specialization involved. These functions also differ from one political system to another. The
first and foremost function of the judges (and the court system) is to administer justice i.e. they
hear and decide cases. The courts also legislate through case-law. This happens where a law is
silent or ambiguous or appears to be inconsistent with some other law. Judges will use various
methods and rules of interpretation to come up with a ruling that is consistent with existing law
and in line with public policy.

The courts also perform an advisory role, but such advice is not binding on either the executive
or the legislature. The courts are also the guardians of the constitution as all disputes of a
constitutional nature are settled by the highest court in the land where its decision is final e.g. the
Supreme Court in Zambia is the only court which handles presidential petitions. The judiciary
also undertakes cases of judicial review.

4.10: The Independence of the Judiciary.

By the independence of the judiciary is meant that judges should exercise unfettered discretion in
the interpretation of laws and administration of justice. Therefore, judges should remain
uninfluenced in the discharge of their duties. The maintenance of the independence and
impartiality of the judiciary, both in letter and in spirit, is the basic condition of the rule of law

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and, as such, that of the liberty of the people, and ultimately human progress. The need for
independence of the judiciary has acquired an added dimension. This is because under modern
conditions of the welfare state, the more modern government interferes, administers and
regulates, the more urgent is the need to preserve a check on the way that these activities affect
individuals and groups. Therefore, modern democracy demands the full independence of the
judiciary.

Judges may be appointed by the government as is the case in Zambia, or they may be elected as
in some states of the United States, either directly or indirectly. The extent of their legal training
and the nature of their qualifications will also vary from one political system to another. The
nomination of judges by the President or the Prime Minister, followed by the ratification of
names by the legislature is the most utilized method of appointing judges, but it is criticized on
the grounds that it brings in political interference. However, it also promotes checks and balances
and ultimately the separation of power.

The tenure of the judges’ time in office should be uninterruptable and fairly long, so that the
occupants of judicial positions may get accustomed to acting in a free and fair manner. Long
tenure should be accompanied by security of tenure. Appointments must be made on a
permanent basis after meeting some formal criteria. The age of retirement should be specified,
including the reasons and procedures for the removal of a sitting judge. This must be a difficult
process so as to obviate the abuse of power and its unreliable operation. It should be remembered
that security of tenure may not necessarily indicate the independence of the judiciary from
government and electoral pressures, but maybe a sign of the underlying stability of the political
system.

Next to permanency of office, is a fixed and adequate salary to ensure the independence of the
judiciary. The salary must be paid regularly and should be sufficient to befit the status of a judge.
In addition, this salary should not be alterable during their tenure of office i.e. it should not be
reduced under any circumstance. Judges’ postings and transfers must not be subject to the
dictates of the executive. To further ensure the independence of the judiciary, it is important that
judges should not be entrusted with executive or administrative duties. For example, in the
Second Republic, Kaunda used such methods to remove or silence judges who expressed
opposition to his leadership and policies. There is also a prohibition imposed upon judges not to
practice law after retirement or accept any other executive appointments such as a ministerial
post or as an ambassador in the Foreign Service.

Above all, the independence and impartiality of the judiciary should be aligned with the
efficiency and good administration of the state. A judge must dispense justice unaffected by the
political changes in the mood of the people i.e. the pattern and conception of justice cannot
change every time a government changes. Tinkering with the judiciary by the appointment of
judges with the ideological commitments of the political party in power would mean the end of
the rule of law and democracy.

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4.11: Control of the Judiciary.

The most important weapon in the hands of the executive for controlling the judiciary is that
without its cooperation (the executive), judicial decisions cannot be implemented. Funding from
both the legislature and the executive is also another form of control on the absolute
independence and separation of the judiciary. Another form of control is that the legislature may
circumvent judicial opposition by enacting new laws. The legislature may also share in the
power to dismiss judges.

The mode of selection of judges, their socio-economic backgrounds (especially in more

developed political systems), the anonymity of their decision-making, and their relative
immunity from dismissal and other political sanctions, often make judges appear to be an
aristocratic intrusion on representative government. And yet, the selection methods, their
adherence to procedural norms especially important in systems where precedent is followed
(common law countries) and judicial sensitivity to political and societal pressures are also
important limitations on judicial independence. Furthermore, the immunity of judges is far from
absolute as they can be removed from office or be impeached.

Moreover, legal professions themselves have established norms of behaviour that govern the
relationship of the judiciary to the political process. Most political systems give the legal
profession a great deal of room for self-regulation in terms of determining the standards for
membership and sanctions against those who do not perform their tasks appropriately and
ethically e.g. errant lawyers in Zambia are disciplined by various methods including by being
punished by the Law Association of Zambia.

These limitations on the power of the courts do not imply that the courts have little power in the
policy-making process. Their power will vary according to the political coalitions ranged for and
against them on any particular issue. The courts are part of the political process and cooperation
between the branches should be stressed as much as the conflicts between them.

Judicial Review.

Judicial review is the power of the court to invalidate acts of legislators and executives which, in
the court’s view, violate the constitution. Judicial review is curative if the court is invited to
intervene after the event as when the court is called upon to invalidate a piece of legislation
already in force. Judicial review may also be preventive. The principle of constitutional
supremacy presupposes judicial control of the constitutionality of laws. The principle by
necessary implication enjoins the courts to ensure that all other laws are in conformity with the
constitution.

Judicial review has little value if it can only be exercise at the instance of the organs of
government to decide conflicts between them. Its main value is as a protection for individuals
against arbitrary or unlawful exercise of power by the organs of government.

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Activity

1. Discuss the function of the executive in Government

2. Critically analyze why the independence of the judiciary is important for the admission of
justice in a country
3. To what extent is the independency of the judiciary observed in Zambia?

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Unit 5.0: The Theory of the Separation of Power.

5.1: Introduction

The unit discusses the concept of separation of powers and the criticism to this theory.

5.2: Learning outcome

By the end of the unit, student should be able to;

 Discuss the theory of separation of powers

 Identify and discuss some of the criticisms against the theory of separation of powers.

The idea contained in the theory of the separation of powers can be traced to Aristotle and
various writers before him in ancient Greece. Although not going into detail, Aristotle referred to
three “parts” or branches of government but confined himself to a description of their personnel,
organisation and functions without suggesting their separation. Various other philosophers also
examined the theory of the theory of separation of powers, but it only acquired its importance in
latter middle ages when the issue of political liberty became a watchword in Europe.

There are traces of the theory in the philosophy of John Locke. According to Locke’s analysis,
three powers existed in every commonwealth, which he called the legislative, executive and
federative powers. The executive and federative powers were always almost united and he
expressed no objection to this union. As regards the legislative powers, Locke said that this
ought to be placed in the hands of an assembly that convened at intervals.

According to Locke, as the administration and enforcement of law is a continuous task or

function, a power (the executive) distinct from the legislative power must remain “always in
being.” In practice, the legislature and executive power all too often came to be separated, and in
principle, the argument was that they should be separate. This division or separation of executive
and legislative power is justified on the ground that it is necessary for the maintenance of liberty.
Therefore, liberty suffers when the same hands legislate, adjudicate and execute the law.

Historically, the executive or police function was the primary function of the government. This is
at once the aspect of government that stands most in need of restraint. Therefore, by separating it
from the law-making function and by insisting that every executive action must have the

39
authority of some law and by prescribing a different procedure for law-making, the arbitrariness
of executive action can be effectively checked.

The theory of separation of powers, together with the theory of checks and balances, belong to
the functional aspect of a political organisation. The idea implies that government should have
three organs and the powers (i.e. the functions) of each should be separated from the other. In
addition, the theory of checks and balances states that the three organs of government should be
interlinked in such a way that one acts as a check on the other two with the result that a condition
of a balance of power is maintained.

The idea of procedure also has an important controlling role. The separation of functions
between execution and legislation requiring separate procedures is thus of importance, as even if
government is regarded as a single, indivisible structure, the separation in procedure will
necessarily operate as a limitation upon the incidence of arbitrariness.

Montesquieu.

Montesquieu lived in the time of Louis XIV (usually referred to as the Sun-King and famously
stated with regard to his position vis-à-vis the monarchy, “I am the state” ). The French monarch
at this time combined in one person all three powers of the state. There was no liberty for the
ordinary person in such an environment, e.g. taxes would be raised arbitrarily, the peasants’ food
was usually confiscated for the army, there was no due process of law etc. It is thus during such a
time that Montesquieu lived and formulated the ideas of John Locke into the concrete terms
contained in the theory of the separation of powers.

Montesquieu compared the prevailing situation in Britain and found that the people there had a
considerably greater degree of political freedom than in France. He compared the independence
of the judges and the strength of parliament there with the subordination of the judiciary to the
French monarch and the virtual extinction of the Estates-General (an Assembly of People’s
representatives). Montesquieu, therefore, advocated the separation of powers as a device to make
government safe for the governed.

Montesquieuendeavoured to establish that whoever has unrestrained power, will abuse it. He
argues that the concentration of legislative, executive and judicial functions in one single person

40
or body of persons results into the abuse of authority and such an organisation is tyrannical. He
advocated that the three branches of government should be entrusted to different personnel, and
that each branch should perform distinct functions within the sphere of powers assigned to it.

We may infer from Montesquieu’s exposition that all citizens must recognise the reasonableness
of the restraints of law; if they do not, there will be the restraints of arbitrariness. The law is the
principle or the spirit of any particular form of government and it should govern the form of
government as it governs the traditions and customs including the written law, where the
constitution is a written document.

The essence of Montesquieu’s theory is that it imposes on each organ of government the
obligation to explain itself and to see to it that it acts within the law and not beyond it i.e. ultra
vires the law. According to the theory, if the authority exercised is in excess of that permitted by
law, it should be checked by the other in order to restrain its encroachments e.g. Christine
Mulundika and 7 Others v. the Attorney-General where s.5 of the Public Order Act was struck
off by the Supreme Court. Montesquieu considered such a check necessary for safeguarding the
liberty of the individual and for avoiding tyranny.

The ideas of Montesquieu had their most profound impact on the framers of the Independence
Constitution of the United States of America in 1776. James Madison (one of the founding
fathers) in arguing for the separation of powers stated “no political truth is certainly of greater
intrinsic value, or is stamped with the authority of more enlightened patrons of liberty than that
the accumulation and concentration of all powers...in the same hands...may justly be pronounced
the very definition of tyranny.”

Certain scholars have questioned whether the framers of the American constitution established
the separation of powers from the influence of the theory, or to accomplish the practical task of
safeguarding liberty and property. Moreover, the American constitution does not explicitly state
that the powers ought to be separate. The constitution simply distributed the powers were vested
in Congress, executive powers in the President and judicial powers in the courts. As portions of
each function were distributed among different agencies, the separation of powers was also
intended to result in a system of checks and balances.

41
It is argued that there is no separation of powers in Zambia as we have adopted the Parliamentary
system of government based on the Westminster model, where ministers are appointed from
Parliament, being at the same time part of the executive. Members of the executive therefore
perform two functions of being legislators and executors at the same time.

Criticism of the Theory of Separation of Powers.

The emphasis on the doctrine of the separation of powers in liberal democracies provides a
useful guide to the distribution of legislative and executive powers, but interpreted too rigidly
and applied universally, it leads to misconceptions rather than enlightenment. There has been
some controversy in academic circles on whether Montesquieu contemplated an absolute or only
a limited separation of powers. One School of Thought (SOT) is of the opinion that Montesquieu
desired absolute separation so that each department remained independent and supreme within its
own sphere. Others believe that he (Montesquieu) never thought to separate the powers
completely.

a. Absolute separation is impossible: the theory wrongly emphasises complete separation of

functions. The state is an organ whole and the various departments of its machinery are
inter-connected and by the nature of their functions, they cannot be divided into water-
tight compartments. In an extreme form, both the doctrines of separation of powers and
of checks and balances are dangerous to good government. Extreme separation of powers
prevents the unity and coordination necessary to administer the legally expressed will of
the state, while extreme checks and balances create frictions and deadlocks that prevent
smooth and efficient government.
b. The theory of separation of power should not be taken to mean the equality of the three
powers. The theory stands on the assumption that the government consists of three organs
and all organs are of equal importance and as a result of this assumption, that all three
organs should be given equally independent position in the political organisation of the
country or of the state. In practice, the traditional triad of powers has lost its relevance.
For example, the judiciary has assumed a weak position in comparison with the position
of the executive. In Zambia, this was typified by the control of the judiciary by the
executive in the Second Republic which has continued to some extent in the Third
Republic.

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 c. There is no separation of powers in Britain as Montesquieu is claimed to have
understood. The interpretations of Montesquieu are based on a wrong understanding of
the English constitutional system. Britain presented to Montesquieu a sharp contrast with
the conditions prevailing in his own country. We take note of the fact that the doctrine of
Montesquieu cannot apply to parliamentary forms of government where the legislature
and the executive are combined. Ministers are also members of the legislature and they
are accountable to the people through their elected representatives for acts of commission
and omission.

d. While a theory of individual liberty should be appreciated, its implications should also be
examined. Critics say that this theory does not ensure a condition of a complete safeguard
of liberty. There may be some better and more effective ways of safeguarding liberty. For
example, the law enforced by the executive and adjudicated by the judiciary would still
be the law made by the legislature even if such a law might conceivably be extremely
tyrannical and unjust. The executive and the judges would still have to apply it and
therefore the separation of powers in and of itself would offer no guarantee of individual
liberty.

e. What kind of separation is required? Much of the clarity of the theory is obscured by the
use of the ambiguous term ‘power.’ As government has certain functions to perform in
order to serve the purpose of the state, if these functions are taken as powers, then the
idea of service disappears and the organs of government become invested with power.
Therefore, the use of the term ‘power’ is the cause of much confusion.

The modern democratic view does not accept the traditional analysis of the doctrine. It is
explained that Montesquieu’s views were the product of an era which looked upon government
as something inherently dangerous and possibly despotic. Today, it is not possible to think of
government in purely passive terms, as the intensive integration and complexity of modern
industrial society and the accepted concept of the welfare state demand more and more action
and services from the government. Despite all this, Montesquieu’s doctrine should be regarded

43
as one of the great contributions to the foundations of liberal political theory, as it seeks to save
the liberty of the individual against the arbitrary actions of the state.

Activity

1. Why is the concept of separation of powers important for the proper functioning of the
government?

44
Bibliography
Ball A., (2008), Modern Politics and Government, London, Macmillan Press Ltd.

Asirvantham E. and Misra K. K., (2001), Political Theory, New Delhi, S. Chand and
Company Ltd.

Bwangwan V. and Bhushan V., (2001), Public Administration, New Delhi, S. Chand and
Company Ltd.

Kapur A. C., (2008), Principles of Political Science, New Delhi, S, Chand and Company
Ltd.

Mahajan V. D., (2000), Political Theory, New Delhi, S. Chand and Company Ltd.

Nnoli O., (1986).,Introduction to Politics, Essex, Longman Group Ltd.

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