Jeremy Gould is Professor of Development and International Cooperation, University of Jyväskylä, Finland. Professor Gould’s research interests revolve around the socio-legal dynamics of post-colonial state formation. He has published widely on this and related areas.

• Foreword IPreliminary issues 1 Problems and paradoxes Problems Sources and resources Paradoxes Politico-legal paradoxes Paradoxes of liberalism Presidential paradoxes Paradoxes of constitutionalism 2 Unthinking the postcolonial state Imperial liberalism and postcolonial illiberalism Constituting (post)colonial government Misreading liberal power The neopatrimonial stain Exception as an art of government A prerogativist form of power Prerogativism and the politico-legal domain The paradoxical demos Constituent vs constituted power The elusive exception 3 Constitutionalism as an ethnographic object The Zambian context Ethnographic encounters A makeshift toolkit Domains of legal knowledge Doctrinal legality Socio-legal alternatives Custom vs law The ends of law 4 Between the decision and the demos: Activist lawyers and constituent power Perspectives on postcolonial constitutionalism The time and place for legal expertise Ethics and legal expertise The prerogativist perspective The will of the people On ‘going to the people’ Reflections Legal activism and constitutionalism The paradox of non-partisan politics IIA genealogy of postcolonial power 5 Imperial constitutionalism 1924–1996 Introduction From Northern Rhodesia to Zambia’s First Republic Independence constitution One-party constitution Constitutional deadlock Reactions to the 1996 constitution Popular constitutional politics 6 The Oasis Forum and the emergence of liberal constitutionalism Chiluba loses his grip Lawyers step up The legalization of the Oasis ForumThe Mwanawasa years and beyond The 2016 Amendment Act Constitutional closure: The death of Bill 10 IIILaw, politics and unfettered power Excursus: Redescribing postcolonial power Colonial emergency and postcolonial jurisprudence The president’s two bodiesThe monarch’s colonial regent A profile of imperial power Adventures of prerogativism in space/time 7 ‘Lawfully illegal’ Part I: A tale of two trials The specter of presidentialism The spoils of security Act 1: Deposing the DPP Politics of governance Act 2: Trials of a president The matrix of plunder One crime, two verdicts Part II: The paradoxical sovereignty of the postcolony Innocence and guilt The case for executive interference The president’s (not quite) two bodies revisited 8 In the shadows of prerogativism Managing the migration of power A slippery baton A tale of two tribunals Disciplining the Patriotic Front Legalism vs political contingencyDora Siliya’s electoral blues In the name of exception: The Kabimba Tribunal Wynter Kabimba’s stationary collision The contours of postcolonial legality 9 The allure of postcolonial legality Principled pragmatism revisited A time to sow: The seeds of prerogativism Nolle controversiesUnfettered discretion?A time to reap Liberal absurditiesProgress vs purpose IVA new hope? 10 Decolonizing the republic A constituent presidency? Another missed opportunity A transformative jurisprudence? Professor Munalula dissents Law’s purposes The power of principles A postliberal legality? Postliberal trajectories 11 Coda The limits of liberal legality A constituent politics of refounding? The incrementalist option The case for a progressive postliberalism In closing Annexes Source materials Index

Jeremy Gould is Professor of Development and International Cooperation, University of Jyväskylä, Finland. Professor Gould’s research interests revolve around the socio-legal dynamics of post-colonial state formation. He has published widely on this and related areas.

• Foreword IPreliminary issues 1 Problems and paradoxes Problems Sources and resources Paradoxes Politico-legal paradoxes Paradoxes of liberalism Presidential paradoxes Paradoxes of constitutionalism 2 Unthinking the postcolonial state Imperial liberalism and postcolonial illiberalism Constituting (post)colonial government Misreading liberal power The neopatrimonial stain Exception as an art of government A prerogativist form of power Prerogativism and the politico-legal domain The paradoxical demos Constituent vs constituted power The elusive exception 3 Constitutionalism as an ethnographic object The Zambian context Ethnographic encounters A makeshift toolkit Domains of legal knowledge Doctrinal legality Socio-legal alternatives Custom vs law The ends of law 4 Between the decision and the demos: Activist lawyers and constituent power Perspectives on postcolonial constitutionalism The time and place for legal expertise Ethics and legal expertise The prerogativist perspective The will of the people On ‘going to the people’ Reflections Legal activism and constitutionalism The paradox of non-partisan politics IIA genealogy of postcolonial power 5 Imperial constitutionalism 1924–1996 Introduction From Northern Rhodesia to Zambia’s First Republic Independence constitution One-party constitution Constitutional deadlock Reactions to the 1996 constitution Popular constitutional politics 6 The Oasis Forum and the emergence of liberal constitutionalism Chiluba loses his grip Lawyers step up The legalization of the Oasis ForumThe Mwanawasa years and beyond The 2016 Amendment Act Constitutional closure: The death of Bill 10 IIILaw, politics and unfettered power Excursus: Redescribing postcolonial power Colonial emergency and postcolonial jurisprudence The president’s two bodiesThe monarch’s colonial regent A profile of imperial power Adventures of prerogativism in space/time 7 ‘Lawfully illegal’ Part I: A tale of two trials The specter of presidentialism The spoils of security Act 1: Deposing the DPP Politics of governance Act 2: Trials of a president The matrix of plunder One crime, two verdicts Part II: The paradoxical sovereignty of the postcolony Innocence and guilt The case for executive interference The president’s (not quite) two bodies revisited 8 In the shadows of prerogativism Managing the migration of power A slippery baton A tale of two tribunals Disciplining the Patriotic Front Legalism vs political contingencyDora Siliya’s electoral blues In the name of exception: The Kabimba Tribunal Wynter Kabimba’s stationary collision The contours of postcolonial legality 9 The allure of postcolonial legality Principled pragmatism revisited A time to sow: The seeds of prerogativism Nolle controversiesUnfettered discretion?A time to reap Liberal absurditiesProgress vs purpose IVA new hope? 10 Decolonizing the republic A constituent presidency? Another missed opportunity A transformative jurisprudence? Professor Munalula dissents Law’s purposes The power of principles A postliberal legality? Postliberal trajectories 11 Coda The limits of liberal legality A constituent politics of refounding? The incrementalist option The case for a progressive postliberalism In closing Annexes Source materials Index

Jeremy Gould is Professor of Development and International Cooperation, University of Jyväskylä, Finland. Professor Gould’s research interests revolve around the socio-legal dynamics of post-colonial state formation. He has published widely on this and related areas.

• Foreword IPreliminary issues 1 Problems and paradoxes Problems Sources and resources Paradoxes Politico-legal paradoxes Paradoxes of liberalism Presidential paradoxes Paradoxes of constitutionalism 2 Unthinking the postcolonial state Imperial liberalism and postcolonial illiberalism Constituting (post)colonial government Misreading liberal power The neopatrimonial stain Exception as an art of government A prerogativist form of power Prerogativism and the politico-legal domain The paradoxical demos Constituent vs constituted power The elusive exception 3 Constitutionalism as an ethnographic object The Zambian context Ethnographic encounters A makeshift toolkit Domains of legal knowledge Doctrinal legality Socio-legal alternatives Custom vs law The ends of law 4 Between the decision and the demos: Activist lawyers and constituent power Perspectives on postcolonial constitutionalism The time and place for legal expertise Ethics and legal expertise The prerogativist perspective The will of the people On ‘going to the people’ Reflections Legal activism and constitutionalism The paradox of non-partisan politics IIA genealogy of postcolonial power 5 Imperial constitutionalism 1924–1996 Introduction From Northern Rhodesia to Zambia’s First Republic Independence constitution One-party constitution Constitutional deadlock Reactions to the 1996 constitution Popular constitutional politics 6 The Oasis Forum and the emergence of liberal constitutionalism Chiluba loses his grip Lawyers step up The legalization of the Oasis ForumThe Mwanawasa years and beyond The 2016 Amendment Act Constitutional closure: The death of Bill 10 IIILaw, politics and unfettered power Excursus: Redescribing postcolonial power Colonial emergency and postcolonial jurisprudence The president’s two bodiesThe monarch’s colonial regent A profile of imperial power Adventures of prerogativism in space/time 7 ‘Lawfully illegal’ Part I: A tale of two trials The specter of presidentialism The spoils of security Act 1: Deposing the DPP Politics of governance Act 2: Trials of a president The matrix of plunder One crime, two verdicts Part II: The paradoxical sovereignty of the postcolony Innocence and guilt The case for executive interference The president’s (not quite) two bodies revisited 8 In the shadows of prerogativism Managing the migration of power A slippery baton A tale of two tribunals Disciplining the Patriotic Front Legalism vs political contingencyDora Siliya’s electoral blues In the name of exception: The Kabimba Tribunal Wynter Kabimba’s stationary collision The contours of postcolonial legality 9 The allure of postcolonial legality Principled pragmatism revisited A time to sow: The seeds of prerogativism Nolle controversiesUnfettered discretion?A time to reap Liberal absurditiesProgress vs purpose IVA new hope? 10 Decolonizing the republic A constituent presidency? Another missed opportunity A transformative jurisprudence? Professor Munalula dissents Law’s purposes The power of principles A postliberal legality? Postliberal trajectories 11 Coda The limits of liberal legality A constituent politics of refounding? The incrementalist option The case for a progressive postliberalism In closing Annexes Source materials Index