Browsing by Author "KAPATA, Mwewa"
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Item A Study Examining the Tension between Legal Rigidity against Judicial Creativity and the implications it has for Legal Reform and Development in Zambia(2026) KAPATA, MwewaJudicial discretion is an inherent aspect of the common law tradition. It allows judges to fill in the gaps left by legislation, adapt existing laws to new situations and where appropriate, depart from precedent to ensure justice. Nonetheless, this discretion has been the subject of scholarly debate and public scrutiny. This study examined the tension between legal rigidity and judicial creativity and its implications for legal development and reform in Zambia.