Get premium membership and access revision papers, questions with answers as well as video lessons.

Got a question or eager to learn? Discover limitless learning on WhatsApp now - Start Now!

Constitutional Law 1 Question Paper

Constitutional Law 1

Course:Bachelor Of Laws

Institution: University Of Nairobi question papers

Exam Year:2005

Answer question ONE and any other TWO qustions.

1."The nature and importance of the constituent power need not be emphasized.It is a power to constitute a frame of government for a community,and the constitution is the means by which this is done.It is a primordial power,the ultimate mark of a people's sovereignty.Sovereignty has three elements:the power to constitute a frame of government,he power to choose those to run the government,and the powers involved in governing.It is by means of the first,the constituent power that the last are conferred.Implementing a community's constituent power,a constitution not only confers powers of government,but also defines the extent of those powers,and therefore their limits,in relation to individual members of the community.This fact at once establishes the relation between a constitution and the powers of government,it is the relation of an original and a dependent or derivative power,between a superior and subordinate authority.Herein lies the source and the reason for the Constitution's supremacy".
Prof B.O.Nwabeze,Presidentialism in Commonwealth Africa

a)What does the Constitution constitute?

b)What is meant by the "supremacy of the Constitution"?

c)What advantages has an unwritten constitution over a written one?

d)Why would the constitution of Kenyan be classified as a rigid Constitution?

e)What are the essential features of a constitutional democracy?
(30 marks)

2.Write short concise notes explaining the following fundamental values and principles of the Constitution
a)Republicanism

b)Separation of Powers

c)Rule of Law

d)Constitutionalism (20 marks)

3.a)Briefly discuss ways in which(i.e how)the sovereignty of Kenyan state and/or parliamentary sovereignty is substantially qualified,compromised or undetermined in the context of Kenya's interaction with other states or in the international law,relations and affairs. (10 marks)

b)Briefly discuss ways through which popular sovereignty may be exercised in Kenya.You may use as your reference point any of the following,among others:the Constitution of Kenya,any other constitutional or statutory instruments,practice,or the Draft Constitution of Kenya 2004(the Bomas Draft)(adopted by the National Constitutional Conference on March 15,2004). (10 marks)

4.ANSWER EITHER PART A OR B OF THIS QUESTION
a.)i.Briefly discuss why it may be argued that militancy or violence by various Kenyan ethnic groups or political movements contributed to independence,constitutional settlement,constitution-making and constitutional development. (10 marks)

ii.What do you think are the political considerations that are likely to inform the future of the constitutional review process? (10 marks)

b.)By reference to the history of constitutional amendments and the constitution review process,describe the impact of politics on constitutional law and practice in Kenya.
(20 marks)

Constitutional Law 1 Question Paper

More Question Papers

Popular Exams