Constitutional Law at Botswana
Sure! Here's a basic overview of Constitutional Law in Botswana:
1. The Constitution of Botswana
Adopted: 1966 (when Botswana gained independence from Britain)
Type: Written and codified Constitution
Supremacy: The Constitution is the supreme law of Botswana. Any law inconsistent with it is void.
2. Key Features
Democracy: Botswana is a democratic republic.
Separation of Powers: Clear separation between the Executive, Legislature, and Judiciary.
Rule of Law: Everyone, including the government, must follow the law.
Fundamental Rights: The Constitution protects fundamental human rights and freedoms, such as:
Right to life
Freedom of speech
Freedom of religion
Protection from inhuman treatment
Right to a fair trial
3. Institutions under the Constitution
Executive: President (head of state and government), Cabinet Ministers
Legislature: Parliament (National Assembly and House of Chiefs - Ntlo ya Dikgosi, which is more advisory)
Judiciary: Independent courts (Court of Appeal, High Court, Magistrates' Courts)
4. Amendment of the Constitution
Amendments require a two-thirds majority in the National Assembly.
Some parts (like fundamental rights) need a referendum in addition to Parliament approval.
5. Notable Points
Botswana has often been praised for political stability, strong institutions, and respect for the Constitution.
However, debates continue around issues like freedom of expression, indigenous rights, and judicial independence.
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