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Constitutional Law I Question Paper

Constitutional Law I

Course:Bachelor Of Laws (Llb)

Institution: Kabarak University question papers

Exam Year:2010

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 102
COURSE TITLE: CONSTITUTIONAL LAW I
STREAM: Y1S1
DAY: THURSDAY
TIME: 2.00 – 4.00 P.M
DATE: 16/12/2010

INSTRUCTIONS:
1. Answer question ONE and any other TWO questions
2. Question ONE is compulsory

1. “There cannot be any isolation or disharmony between the different departments of
government. Isolation is not the essence of the doctrine and Montesquieu never suggested
it. Each department performs some functions which actually do not belong to it. In fact,
in all modern systems, institutions exercise overlapping functions of some kind or
provisions is made for some degree of cooperation between the different organs and
branches to perform the work of government.”
A.C Chand, Principles of Political Science, S Chand & Company Ltd, Ram Nagar,
New Delhi, 1950.P.478.
In light of the above statement:
a) Define separation of powers and discuss its relevance to governance. (10 marks)
b) With reference to the provisions of the Constitution of Kenya 2010, identify the
points of overlap between the Legislative, Executive and Judicial functions of the
state.
(20 marks)

2. “Often, the constitutional architecture and design of the decision making processes and
the institutional arrangements adopted in many constitutions fail to provide infrastructure
that is conducive to the flourishing of constitutional theory and the constitutional
principles and values of God governance. One of the values which such architecture and
design fail to deliver is constitutionalism.”
J Matakha Kangu, Constitutionalism: A Comparative Analysis of Kenya and South
Africa Moi University Law Journal Vol 2 April 2008 No. 1 Page 105.
To what extent does the constitution of Kenya 2010 give effect to the principle of
constitutionalism in its architecture and design? (20 marks)

3. Write short notes on the following:
a) The constitution (5 marks)
b) The rule of Law (5 marks)
c) Democracy (5 marks)
d) The state and nationality (5 marks)

4. Giving appropriate examples in each case, identify and discuss the various types of
constitutions (20 marks)

5. “The court should not be obsessed with the ordinary and natural meaning of words if to
do so would either lead to an absurdity or plainly dilute, transgress or vitiate
Constitutional values and principles.” A. G Ringera J (As He Then Was) Rev. Dr.
Timothy Njoya and 6 Others Vs The Attorney General and 4 Others
With reference to case law from Kenya and other jurisdictions, discuss the principles
governing the interpretation of the Constitution. (20 marks)

Constitutional Law I Question Paper

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