Relations between the Legislature and the Judiciary Similarly, relations between the Legislature and the judiciary will be affected by how judges and magistrates are appointed, and the constitution should state what powers the courts have to declare laws to be invalid. II. Relations Between Individuals and Government An important part of every modern constitution is a Declaration or Bill of Rights, which sets out fundamental human rights which are at least partially protected against violation by the Government. The nature and extent of these rights vary from constitution to constitution, but generally all or most of the fundamental rights that are set out in such international conventions as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights should be included. Most progressive constitutions also have provisions for Social and Economic Rights set out in the International Covenant Economic, Social and Cultural Rights. III. Local Government Institutions The history and circumstances of a country will determine whether, and to what extent, the country’s constitution should deal with devolution of power [the transfer of power from central government to provinces, districts and local authorities]. In Zimbabwe it is essential for historical reasons that a new constitution should give at least some powers to provinces, and that urban and rural local authorities should be given more autonomy. IV. Amendment of the Constitution Every written constitution must state clearly how it can be amended. Usually a constitution requires special procedures — a referendum or larger than ordinary majority in Parliament, for example – which must be followed before an amendment can be validly made. If a constitution makes no provision for its amendment then it cannot be amended, because all the institutions of State are subordinate to the constitution and they have no inherent power to alter the law under which they were established. V. Checks and Balances Every constitution must set some limits on the exercise of power by members of the different branches of a State’s government. If there are no such limits the State will tend to be despotic, where the powers concerned are exercisable by the Executive, or ineffective where they are exercisable by the Legislature or the Judiciary. This is the basis of the doctrine of separation of powers. There is a particular need for limits and balance in regard to the following: • The extent of the powers exercisable by each of the branches of Government. Power should not be concentrated in the Executive branch because, as indicated, that will lead to despotism. On the other hand, the other branches should not be allowed to exceed their legitimate powers either. If the Legislature has too much power and is able to pursue divergent policies from the Executive, there is a danger of government confusion or paralysis. If the courts are over-zealous in reviewing Executive decisions, there is a danger of the courts usurping the functions of the Executive; and similarly if the courts can too readily overturn legislation the courts may themselves become an unelected Legislature. 3