CONSTITUTIONAL LAW 1 KU 2010

1."In 1965 Tanzania adapted its own form of democracy-we rejected the Western model and said it was not appropriate for our circumstances despite the fact that all our constitutional development had until then been based on it.We looked at different democratic systems around the world and studied the work of different thinkers...Then we worked out a system of one party Government which seemed to us to include the essential elements of democracy at the same time as it provided for unity and strength in Government,and took account of our poverty,our size,our traditions,and our aspirations.The resultant constitution is not perfect;but it suits us better than any system operating elsewhere,and we believe that it safeguards the people's sovereignty at the same time as it enables the effective and strong Government so essential at this stage of our development."{Nyerere,Julius.(1968)Freedom and Socialism.A Selection from Writings&Speeches,1965-1967 (Dar es Salaam:Oxford University Press)}

a.)Do you agree with the sentiments expressed by Mwalimu Nyerere?Give clear and substantiated reasons for your view.

b.)In your view,are Mwalimu Nyerere's views a licence for legislator's and constitution makers to amend and/or craft constitutions without care?Supprt your answer with reasoned views.

c.)Therefore,what is a "good constitution" and what is the test of a good constitution?
(30 marks)

2.Which three theorists,in your view,have influenced the development of constitutional law most significantly to date and why? (20 marks)

3.Write short explanatory notes on ALL the following:-
a)Separation of powers
b)Fundamental rights
c)Entrenchment and Writtenness as aids of Constitutionalism
d)The new additions to the Bill of Rights Section in the proposed Constitution of Kenya
(20 marks)

4.To what extent can the Constitution be a tool for nation-building?Has Kenya's Constitution succeeded in making us a nation? (20 marks)

5.What is the ideological and practical basis for the emergence of the No and Yes Camps in the run up to Kenya's constitutional referendum?Do you think there is good reason for the division in these Camps?

*In your view,are the issues along which the Camps are divided best determined by a referendum?

*In light of the above,would you advise Kenyans to turn up and vote on the day of referendum,and why? (20 marks)


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