Constitutional Law and Constitutionalism

1430 Words Jul 31st, 2014 6 Pages
MOUNT KENYA UNIVERSITY (NAIROBI CAMPUS)
CONSTITUTIONAL LAW 1
CONTINUOUS ASSESSMENT TEST 1
ENOCK CHISENGO
BLAW/2014/67533
SEMISTER 1
LLB: YEAR 1
UNIT CODE: 1202
Question
Constitutional Law May be deemed elusive and immaterial when the constitutions in
Consideration are either dead, hogwash and unrealistic. Critically analyze the above statement using relevant case law and statutory provisions.
In looking at the above statement, I will attempt to define constitution, Constitution Law and constitutionalism and try to look into how the governments of the world especially Africa and the West, more specifically Kenya and the United states of America have tried to uphold constitutionalism and on the other hand how lack of it has brought the
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384 U.S. 436 (1966) thereby mandating law enforcers to make any suspect they put into custody aware of all their rights, known as the “Miranda Rights” that include right to remain silent, the right to have an attorney present during questioning, and the right to have a government-appointed attorney if the suspect cannot afford one. On the other hand, constitutionalism has been upheld in the African States especially in Kenya through Judicial Activism. This has been evidenced by the land mark rulings by the High to challenge unconstitutional appointments by the executive such as the appointment of Mumo Matemu as the Chairperson of the Ethics and Anti-Corruption Commission - Mumo Matemu v. Trusted Society of Human Rights Alliance & 5 others [2013] eKLR.. The Court held that it had jurisdiction to review the process of appointments of persons to State or Public Offices where mandatory procedures as well as the law were not followed. The High Court further decided that the doctrine of separation of powers did not prevent it from entertaining the controversy surrounding the appointment of Mumo Matemu. The judiciary has tried to keep the constitution alive by such rulings.
The other way in which constitutionalism has been up held especially in Kenya is by the legislations that by the 10th Parliament. The Parliament burned the midnight oils in a bit to beat the deadlines set up in the constitution such
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