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Constitutional Law 1 Question Paper

Constitutional Law 1

Course:Bachelor Of Laws

Institution: University Of Nairobi question papers

Exam Year:2008

A.Answer any THREE(3)questions.
B.All questions carry equal marks.

1.Provide a legal opinion on the following facts to advise the area Chief and the Council of Elders.

The residents of a slum in Nairobi claim to have been terrorized by the most feared gang of an outlawed movement known as "The Terrorist Group Number 1".The area Chief together with the Council of Elders now claim that the law does not protect them;that,the government has failed to take action for a long time and despite their complaints to the relevant authorities;they further claim that their fundamental rights and freedoms have been violated and there is no point of seeking redress from the courts,because the courts never protect the rights citizens provided by law.

2.Discuss the application of the following Constitutional Doctrines in the Constitutional Jurisprudence in Kenya.
a)Supremacy of the Constitution.
b)Separation of Powers.
c)Sovereignty of Parliament.
d)Independence of the Judiciary.

3.What do you understand by the concept of the Rule of Law and in what way is it safeguarded in the Constitution of Kenya?Are there any limitations to Dicey's conception of the Rule of Law and does it have any relevance in modern times?

4.a)Define Nationality.Is there any distinction between a "national" and a "citizen" of a country?
b)Discuss the different ways in which a person in Kenya acquires citizenship under the Constitution.
c)What is "domicile"?Describe the different types of "domicile".

5.What is democracy?What are the prerequisites for the existence of democracy in a country?

Constitutional Law 1 Question Paper

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