Browsing by Author "MUKUKA, Mike"

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    An Analysis of the Jurisprudence of Interpretating Legislation: A Comparative Study with the United States of America
    (2026) MUKUKA, Mike
    The judiciary is the final authority on legal disputes; the branch of government saddled with the power to interpret the law with finality. This study critically analyzed and compared the jurisprudence developed by the courts in Zambia and the United States with particular focus on cases relating to Constitutional law as the former’s Constitutional structure, like many other democracies in the world, is modeled after the latter. To that end, the study discussed and analyzed some of the more prominent cases in both jurisdictions on legislative interpretation, focusing on how the courts have chosen to enforce the law promulgated by its respective legislatures, pointing out the courts’ tendency to move away from the literal rule of interpretation, thereby venturing into potentially problematic territory in this regard. The study pointed out the various factors that lead to this phenomenon, in turn revealing that the courts’ decision not to strictly adhere to the primary rule of interpretation is one that is rooted in highly complex considerations which have, to some unspecified degree, even been endorsed by the legislatures in both jurisdictions. The study focused on how this uncertainty can, and has, led to potential abuse in the form of judicial activism, as well as highlighting the profound influence the judicial branch has on matters of public importance.