The first is the constitutional principle of the separation of powers. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney general 2 the constitution of kenya the constitution of kenya arrangement of articles preamble chapter onesovereignty of the people and. Course objectivesto enable students to understand the constitution of uganda in entirety. Overview administrative law is the study of governance. The second is no more than a pragmatic view about the evidential value of certain judgments of the executive, whose force will vary according to the subject matter.
Introduction this article titled article and power of amendment under article 368 deals with the questions which have been raised since 1951, about the constitutional validity of the amending procedure mentioned under article 368. Thanks to the ridiculous reading requirements of law school, preparing exam notes will always occupy a significant amount of time towards the end of your subjects. Constitutional and administrative law is one of the core subjects required for a qualifying law degree and so is a compulsory part of undergraduate law programmes and graduate diploma in law programmes. Administrative law, though law is different from other branches of law as some times it goes beyond the law to examine administrative circulars, policy statements, memoranda and resolution. The judiciary in kenya introduction in 1996, the african commission on human and. Constitutional history and politics of east africa. Part 2 by dr kiarie mwaura as indicated in the relevant sections prof ben sihanya, jsd stanford scholar, intellectual property, constitutionalism, and education. Notes from monash university student george mccubbin.
Jan 28, 2010 download free lecture notes slides ppt pdf ebooks this blog contains a huge collection of various lectures notes, slides, ebooks in ppt, pdf and html format in all subjects. Constitutional law who we are international association of. The most important constitutional change in the past year has been the passing of the separate representation of voters act, no. Constitution is a nations fundamental law, governing the legislative, executive, and judicial functions of the state. Dec 06, 2012 kenya falls under this category of states that are struggling to cultivate a constitutional culture and severe the attachment with their undemocratic past. South african constitutional law notes on south african constitutional law contribiuted by professor ellison kahn. Contact details madaraka estate ole sangale road, po box 59857, 00200 city square nairobi, kenya tel. Study notes for all the priestly 11 subjects by qut student nick dowse. Broadly stated, the objective of the project was both historical and. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. This constitution is the constitution of the republic of kenya and shall have the. Kenyas constitution in a global context international. Devolution in kenyas new constitution in 2010, on the cusp of kenya s new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenya s democratic change framework. The republic of kenya shall be a multiparty democratic state.
This course is a foundation course for constitutional law that will be offered in the second semester. International center institutional reform in the new constitution of kenya for transitional justice forward on august 4, 2010, kenyans went to a referendum and voted to adopt a new constitution to replace the previous one that had been negotiated at independence from the british in 1963. Constitutional law notes, cases, and past papers digestible. The parliament with a view to introduce a uniform law amended m. Revision notes, administrative law, complete laws2115. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Acknowledging the supremacy of the almighty god of all creation. Since the development of opposition to recent changes in kenyas constitutional and political systems, mr. Our subjective is to help students to find all courses notes with different lectures slides in power point, pdf or html file at one place. Constitutional law download free lecture notes slides ppt.
To know the human rights and freedoms and methods of enforcement. Parliament cannot amend any constitutional law by ordinary law making procedure. The second is no more than a pragmatic view about the evidential value of certain judgments of the executive, whose force will vary according to the. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament.
Relationship between constitutional law and administrative law. German basic law, 1949 as amended in 1994, 2002, 2006. Kenya falls under this category of states that are struggling to cultivate a constitutional culture and severe the attachment with their undemocratic past. An introduction to australian constitutionalism unit examines both australian and vic constitutions and the principles that inform their history, structure and operation. The rule of law in kenya and the status of human rights.
Thus, this book is expected to contribute to this new promise by making knowledge on the constitution accessible through breaking down and contextualising its provisions. Kenya institutional reform in the new constitution of kenya. Critically discuss the role of the existing constitutional principle of the rule of law in the british constitution and particularly its importance in relation to the constitutional position of the judiciary. While congress creates authority, the president enforces that authority, and courts confine or discipline the exercise of that authority, it is agencies that govern. The contemporary constitutional order did not develop in a vacuum.
Constitutional law revision notes, book, ebook for llblaw. B unit i introduction to indian constitution the framing of the constitution was completed on november 26, 1949 when the constituent assembly formally adopted the new constitution. The legislature has the power to alter the existing law and has power to validate a law retrospectively subject to constitutional limitations an ancillary power to legislate on the particular subject, as held in the case of govt. Mar 25, 2011 a statutory instrument can be defined as where an act confers on the president, a minister or any authority, a power to make a power to exercisable by making proclamation, rules, regulations by laws, statutory orders or statutory instruments, any document by which that power is exercised, shall be known as a statutory instrument, and the provisions of this decree shall apply there to accordingly. To take notes and provide examples see above within each section of this document. Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary.
Nicholas sweinson in a book, the development of corporate capitalism in kenya observed that the lifespan of these companies was very short i. Published by the national council for law reporting with the authority of the attorneygeneral. As such, the student is expected to grasp in fair detail the underlying factors in the development of the modern constitutional state in uganda. Constitutional law exam notes law259 murdoch studocu. Constitutional law ii llb i part 1 is taught by prof ben sihanya. Whatever be the correct position, there always exists an area of overlap between constitutional law and administrative law. Discuss two2contexts in whichor reasons whykenya or any other country found it necessary to write a constitution initially or.
Constitutional law download free lecture notes slides. My aim is to help students and faculty to download study materials at one place. Constitutional interpretation is the process by which meanings are assigned to words in a constitution, to enable legal decisions to be made. To know the role of the constitution in good governance and development. It is, however, very different from many of the other core legal subjects because it concentrates. Act and added a new provision enabling the state govt. Since the development of opposition to recent changes in kenya s constitutional and political systems, mr. Constitutional law is considered the corner stone or touchstone or yardstick to test the validity of all other laws, be it public or private, substantive or procedural. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and. Critically evaluate the methods of enforcement and accountability for breaches of constitutional conventions. The kenya independence order in council 1963 contains the constitution of kenya, 1963 1964. The course covers constitutional law principles with particular reference to the 1995 constitution of uganda. The constitution came into force with effect from january 26, 1950.
That said, the starting point for many administrative law. Devolution in kenyas new constitution in 2010, on the cusp of kenyas new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenyas democratic change framework. Principles of constitutional law ii makerere university. Jun 16, 2018 history of kenya labour law kenya labour laws arose due to the demand for workers to have better conditions, the right to organize, or, alternatively, the right to work without joining a labour union, and the simultaneous demands of employers to restrict the powers of workers many organizations and to keep labour costs low. Revision notes, administrative law, complete laws2115 uq.
Constitutional law constitution of the republic of south africa, 1996 manner of reference to act, previously constitution of the republic of south africa, act 108 of 1996, substituted by s. The constitution contains the fundamental law continue reading class notes. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. The constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorney. University of nairobi law school parklands law campus, room b10 box, sarit centre, 00606 nairobi, kenya. A statutory instrument can be defined as where an act confers on the president, a minister or any authority, a power to make a power to exercisable by making proclamation, rules, regulations by laws, statutory orders or statutory instruments, any document by which that power is exercised, shall be known as a statutory instrument, and the provisions of this decree shall apply there. Honouring those who heroically struggled to bring freedom and. Perspectives and emerging issues public law institute, nairobi feminist perspectives on constitutional law, etc 5 g. Jun 23, 2016 exam notes, exam summaries or study notes whatever you call them, they are the savior of law students. Y p ghai and j p w b mcauslan, public law and political change in kenya. Pdf administrative law notes kenya patrick kilonzo. Structure and jurisdiction of courts in kenya topic 3. The entrenched sections of the south africa act and the coloured vote.
This site is like a library, use search box in the widget to get ebook that you want. African states have been said to be graves of beautiful constitutions, which when promulgated, raise the spirits of the citizens but always disappoint the world as they fail to bring the. Llb bachelor of legislative law course is the most common undergraduate course of legal law education offered by many law colleges and universities in india. The kenyan constitution does not just exist as a collection of simple rules defining and granting power, but instead these rules put into practice a legal framework of principles. Kenya, a country which went from the brink of civil warfollowing the disputed presidential election results of december 2007to promulgating a new constitution a few short years later, has had its constitutional reform process hailed as a runaway success story. Primary source of legal authority, the blueprint for govn and the document that defines the relationship bw australians and. It is largely a product of the socioeconomic as well as political dynamics and configurations that have shaped uganda over the years from its establishment as a modern state. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order. Uganda christian university school of law constitutional. Defining administrative law a definitioncore components. The court held that since both the union law and the state law occupied the same field, the state law was void to the extent of repugnancy to the union law. Click download or read online button to get an introduction to constitutional law book now.
In india, this corresponds to the whole constitutional mechanism for the control of administrative authorities articles 32, 6, 226, 227, 300 and 311. Margaret magiri ngui v republic crim application no. Class notes on constitutional law unit i 1st sem 3 year. A group of university of new south wales law students have created these notes.
Whether the term law under article of the constitution includes the constitutional amendments. An introduction to kenya constitutional law the kenya constitutional law focuses on the organization of the state. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. Kanyeihamba 1975 constitutional law and government in uganda, ealb, nairobi. Administrative law is the law relating to the control of governmental power, other than the power of parliament, and the body of general principles relating to the functioning as opposed to structure of public authorities. Sep 16, 2012 class notes on constitutional law unit i 1st sem 3 year ll. Hi fellow law students, i am sharing pdf notes, book and ebook for the subject constitutional law for llb and ba. The kenya independence order in council 1963 contains the constitution of kenya, 1963. An introduction to constitutional law download ebook pdf.
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