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Constitutional Law I Question Paper

Constitutional Law I

Course:Canon Law

Institution: Catholic University Of Eastern Africa question papers

Exam Year:2010

Q1. “Although Kenya has attempted to establish structures usually found in constitutional states such as the judiciary, legislature and other oversight bodies, the state is yet to attain the constitutionalism threshold”, per J Osogo Ambani, “ The state of the Constitutionalism in Kenya- 2007”, in W. Kioko(ed), Constitutionalism in East Africa, Fountain Press. Discuss. (30 marks).
Q2. With the aid of decided cases, local and foreign, explain the now entrenched reality that in states with written constitutions, such as United States of America, Republic of South Africa and Kenya, the constitution is supreme. (20 marks)
Q3.To what extent does the current constitution of the republic of Kenya disperse and separate power between and amongst the various organs of the state? (20 marks)
Q4. Write brief lucid notes on:
a) The concept of the rule of law (10 marks)
b) The doctrine of the Independence of judiciary (10 marks)
Q5. “ Even though, in recent cases, courts of law have been quite progressive and liberal in their approach to constitutional interpretation where human rights are implicated, the High Court has in numerous instances adopted a common and restrictive approach where technicalities outweigh the substantive arguments and prayers. “ The Kenya Parallel Report on ESCR. Discuss (20 marks)

Constitutional Law I Question Paper

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