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Constitutional Law Question Paper
Constitutional Law
Course:Bachelor Of Laws
Institution: University Of Nairobi question papers
Exam Year:2005
Answer any THREE questions.
Question One:
"The current Kenyan constitution has not served us well.It has been manipulated,abused or ignored by rulers and some of the ruled.Writing a new Constitution is providing difficult.Time consuming.Sapping all our energies.Dividing us as a nation or state.Let's abolish the current Constitution and stop constitutional review.Let's have an unwritten constitution.Look at the British,they are so happy with their unwritten Constitution."
You are Kenya's heavy hitter in constitutional theory.Discuss TWO(2)arguments to support the proposal that Kenya should abolish,repeal or abrogate the Current Constitution and have an unwritten Constitution.
Question Two:
Read the two excerpts below and answer the questions that follow.S.3 of the Kenya Constitution,Act No.5 of 1969(as amended)provides:
"This Constitution is the Constitution of the Republic of Kenya and shall have the force of law throughout Kenya and, subject to section 47, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall prevail and the other law shall, to the extent of the inconsistency, be void."
Art.VI s.2 of the US Constitution,1789,reads:
"This Constitution,and the laws of the United States which shall be made in pursuance thereof;and all Treaties made,or which shall be made,under the Authority of the United States,shall be the Supreme Law of the Land;and the Judges in every state shall be bound thereby,any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Briefly discuss TWO(2)points to explain what s.3 means by "this Constitution...shall prevail...(that is,supreme)."Consider any or all of the following and may be other issues:Is the Kenyan Constitution supreme?How does s.3 compare with Art.VI of the US Constitution on the issue of supremacy?How does British constitutional law deal with constitutional supremacy?What changes have been proposed in the context of Kenya's constitutional review,and/or what changes would you propose to s.3?
Question Three:
Having regard to the excerpts in Question two and the relevant authorities,briefly discuss TWO(2)reasons why the Kenyan Constitution may be regarded as flexible.
Question Four:
You are a blue-eyed expert in Kenyan constitutional theory.What is the significance of any ONE(1)of the following cases to constitutional theory?You may focus on one case and still refer to(any)others:
William Marbury v James Madison 1 Cranch 137(US Supreme Court,1803)
Re Maangi(1968)EA 637
Republic v El Mann(1969)EA 153
Okunda v Republic(1970)EA 453
East African Community v Republic(1970)EA 457
Margaret Magiri Ngui v Republic Crim Application No.35(No.59)of 1985(High Court,Nairobi)(1985)Kenya Law Reports(KLR)268-272
Question Five:
Discuss TWO(2)contexts in which(or reasons why)Kenya or any other country found it necessary to write a Constitution initially or to re-write or review the Constitution.
Question Six:
What are some of the limitations of,or problems with,the various avenues for mobilizing or pursuing popular sovereignty in Kenya?
Focus on any TWO(2)of the following:elections,monitoring governance by commenting in the media and/or barazas,participating in constitutional amendment and review,submitting memoranda or petitions to rulers,peaceful marches or protests,participating in political rallies,heckling politicians,boycotting or walking away from rallies,strikes and related mass action like saba saba(July 7)and Katiba Watch riots,violent or militant protests and demonstrations to demand political or constitutional and other issues,as well as questions in Parliament,motions,Bills,and vote of no confidence in the Government(in the last four MPs act as representatives and on behalf of the people?).
You may also discuss the limitations of popular(or political)sovereignty as compared to the legal sovereign or legal sovereignty.You may combine the various avenues of exercising sovereignty into two broad typologies if you think that is appropriate.
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