New constitutional law of Kenya : principles, government and human rights / Morris Kiwinda Mbondenyi, LLD, LLM (UNISA), LLB (MOI), Senior Lecturer and Head, Africa Nazarene University Law School, J. Osogo Ambani, LLD (Cand), LLM (UP), LLB (UON), Lecturer, Moi University School of Law
Cover; Title page; Copyright page; Contents; PREFACE; TABLE OF CASES; TABLE OF STATUTES; LIST OF ABBREVIATIONS; PART I -GENERALINTRODUCTION; CHAPTER 1 -WHAT IS A CONSTITUTION?; CHAPTER 2 -WHY THE CONSTITUTION?; CONSTITUTION, HUMAN RIGHTS AND CONSTITUTIONALISM; CONSTITUTIONS AND DEMOCRACY; CONSTITUTIONS AND GOOD GOVERNANCE; CONSTITUTIONS, DIRECTIVE PRINCIPLES AND THE REPUBLIC; CHAPTER 3 -- THE 2010 CONSTITUTION IN THECLASSIFICATION OF CONSTITUTIONS; Written v unwritten; Rigid v fl exible; Parliamentary v presidential; Unitary v federal v confederal; Supreme v subordinate
Republican v monarchicalSecular v religious; AUTOCHTHONY AND THE 2010 CONSTITUTION; CHAPTER 4 -SOURCES OF LAW; THE 2010 CONSTITUTION AS A RULE OF RECOGNITION; JUDICATURE ACT AS A RULE OF RECOGNITION; PART II -- CONSTITUTIONALPRINCIPLES; CHAPTER 5 -SOVEREIGNTY OF THE PEOPLE; CHAPTER 6 -SUPREMACY OF THE CONSTITUTION; CONSTITUTIONAL BASIS FOR THE PRINCIPLE OF SUPREMACYOF THE CONSTITUTION; The Constitution; The Judicature Act; JUDICIAL PRECEDENT: MARBURY V MADISON; KELSEN'S BASIC NORM THEORY; SOCIAL CONTRACT THEORY; CHAPTER 7 -THE RULE OF LAW; THE DICEYAN CONCEPTION
Criticisms of the Diceyan conceptionThe rule of law and the 2010 Constitution; CHAPTER 8- SEPARATION OF POWERS; Montesquieu and separation of powers; Separation of powers in Kenya's 2010 Constitution; 2010 Constitution and the idea of checks and balances; Constitutional protection of socio economic rights andseparation of powers; National human rights institutions and separation of powers; Prior to the 2010 Constitution; CHAPTER 9 -CONCEPT OF INDEPENDENCE OF THE DICIARY; Elements of judicial independence; Modes of appointing judges; Security of tenure; Financial security/independence
Structure of GovernmentJudicial independence under the 2010 Constitution; PART III -GOVERNMENT; CHAPTER 10 -THE EXECUTIVE; Executive function under the 2010 Constitution; Designation of executive authority; National executive; The President; State and government; Address and report to Parliament and people; Legislation; National defence and security; Appointments and constitution of offi; Republic, national values, human rights and internationalobligations; Dispensation of justice; The President and prerogative powers; Immunities of the President; Elections of the President
The Deputy PresidentCabinet and Cabinet Secretaries; Cabinet responsibility to the President; The Attorney General; Director of Public Prosecutions (DPP); County Executive; Devolution and confl ict management; Election of the Governor and Deputy Governor; CHAPTER 11 -THE LEGISLATURE; The national Legislature; The structure, composition and functions of Parliament; The National Assembly; The Senate; Qualifications and disqualifications for election as MP; Vacation of office of MP; The right of recall; The law-making procedures of Parliament; Exercise of legislative powers
Summary
The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. 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. It is certain to be useful t
Bibliography
Includes bibliographical references
Notes
Online resource; title from PDF title page (ebrary, viewed June 17, 2014)
