Hcob2506:Constitution And Governance Question Paper
Hcob2506:Constitution And Governance
Course:Bachelor Of Commerce
Institution: Meru University Of Science And Technology question papers
Exam Year:2011
QUESTION ONE – (30 MARKS)
(a) A state representative of the newly formed Pacifus state comes to see you for legal advice. The people of Pacifus want to have a new constitution but are not quite sure what a good constitution should contain. Advise them on the basic fundamentals of a good constitution. (12 Marks) (b) In your view, does Kenya have a flexible or inflexible constitution? (3 Marks) (c) What majorities are required to amend the different provisions of the Kenya Constitution? (3 Marks) (d) Why is a greater majority required to amend the constitution? (2 Marks) (e) Outline and discuss five characteristics of good governance. (10 Marks)
QUESTION TWO – (20 MARKS)
(a) Kows has a small garden business conducted in the names of Kows Garden Services Corporation. He is the only member of this closed corporation. As a result of financial difficulties, the Kows Garden Services is placed under liquidation. Kows is summoned to produce books of accounts of the corporation but cannot find them in time, and is detained without a hearing by the Chairperson of the creditors, a non-judicial officer. Is the detention of Kows constitutional? Discuss this question in relation to the sepanon of powers and bill of rights. (8 Marks) (b) Distinguish between regional and proportional electoral system. (6 Marks) (c) Explain the essential characteristics of a federal system of government. (6 Marks)
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QUESTION THREE – (20 MARKS)
(a) You are a constitutional law student; and during one of your sessions, one student Maryanne, argues that the distribution of state authority in Kenya is neither purely federal nor unitary in nature. Maryanne also says that the Kenya system of government can best be described as a weak federation or a unitary state with some federal element. Critically (10 Marks) (b) How does parliament exercise control over the executive. Discuss five of these ways. (5 Marks) (c) Discuss five functions of parliament. (5 Marks)
QUESTION FOUR – (20 MARKS)
(a) Discuss the historical background of the Kenya constitution. (10 Marks) (b) Outline and discuss how the personal independence of judges is determined. (6 Marks) (c) Discuss whether Kenya has adopted the doctrine of separation of powers. (4 Marks)
QUESTION FIVE – (20 MARKS)
(a) Parliament consists of two houses (i) What are they (2 Marks) (ii) What is the composition of each house? (6 Marks) (iii)Discuss the reasons for this dual structure. (8 Marks) (b) Explain circumstances under which adult citizens may be deprived of the right to vote. (4 Marks)
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