This chapter will cover the jurisprudential basis of the
2400 WordsApr 23, 201910 Pages
This chapter will cover the jurisprudential basis of the research. This chapter will look into the historical approach in order to provide an understanding of the history of the concept of bicameralism in Kenya and the challenges it presents. Through this approach, focus will be placed on ancient bicameralism in developed democracies
The chapter will also relate the representation theory to the concept of bicameralism and facilitate in understanding the rationale for bicameralism in Kenya and the need for complimentarity in law making. The Theory of representation contends that bicameralism is meant for representation of different set of interests . According to the theory, one house is composed of…show more content…
In subsequent constitution-making, federal states have invariably adopted bicameralism, but the older justification for second chambers as providing opportunities for second thoughts about legislation has survived . A trend towards unicameralism in the twentieth century appears now to have been halted . Growing awareness of the complexity of the notion of representation and the multi-functional nature of modern legislatures may be affording incipient new rationales for second chambers though these do generally remain contested institutions in ways that first chambers are not .
Because of this history, it not surprising that analysis of the effects of divided government is an ancient field of research, as is evident in Aristotle’s 330 B.C. empirically based argument in favor of divided government . The analysis and arguments of Montesquieu (1748) clearly influenced the constitutional designers of the eighteenth and nineteenth centuries. Such work continues within political science and law, because any effort to improve governance must evaluate the relative merits of alternative forms of political architecture, and bicameralism is one of several methods for representing a broad cross section of national interests .
2.11 The History of Kenya’s Bicameralism
The concept of Bicameralism in Kenya was introduced by the Lancaster Constitution of 1962 . According to Slade (1975:32):
The Legislative Council was replaced by two Houses – the Senate and the House of