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Constitutional Law Exam Question Paper

Constitutional Law Exam

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2010

QUESTION 1
'The Constitution is simultaneously a governance text and a rights/justice text.' [Baxi, U (2000) "Constitutionalism as a Site of State Formative Practices", Cardozo Law Review: Vol 21 No. 4:1183-1210]
Explain the above statement indicating the principles, theories and objectives underlying the constitution as both a governance and a rights/justice text. (30marks)

QUESTION 2
Using concrete and well-reasoned examples, give your assessment as to the extent that written constitutions have been successful as instruments for upholding and safeguarding human rights. (20marks)

QUESTION 3
Write short explanatory notes on any FOUR of the following:
(a) Democracy as a foundation for the growth of a desirable constitutional culture.
(b) The lasting impact, if any, of colonialism on Kenya's constitutional development.
(c) The role of custom and culture, if any, in Kenya's constitutional development.
(d) The impact, if any, of civic education preceding Kenya's recent Constitutional Referendum
(e) The case for continued civic education after promulgation of Kenya's New Constitution.
(f) The role of the judiciary in ensuring stability of the state.
(g) The role of an independent media in the growth of a positive constitutional culture.
(20marks)

QUESTION 4
Using relevant examples assess Kenya's constitutional history in the light of De Smith's minimalist definition of constitutionalism below. In your opinion, does Kenya's new Constitution offer hope for achieving the standards set out by De Smith? Explain your answer citing relevant Chapters and provisions of the new constitution.
"Constitutionalism is....the principle that the exercise of political power shall be founded by rules, rules which determine the validity of legislative and executive action by prescribing the procedure according to which it must be performed or by delimiting its permissible content....Constitutionalism becomes a living reality to the extent that these rules curb the arbitrariness of discretion and are in fact observed by the wielders of political power, and to the extent that within the forbidden zones upon which authority may not trespass there is significant room for the enjoyment of individual liberty. [De Smith, S A, 'Constitutionalism in the Commonwealth Today', Malaya Law Review, 4,2:205-17 P 205]
(20marks)

QUESTION 5
Historically, the executive in Kenya has dwarfed the Legislature and the Judiciary thereby upsetting the principle of separation of powers. In your opinion, does Kenya's new Constitution improve the status of separation of powers among the three arms of government? Ensure you support your answer with relevant theories and provisions of the new Constitution. (20marks)

Constitutional Law Exam Question Paper

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