Constitutional Law Quiz
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Questions and Answers

Which of the following best defines constitutional law?

  • A type of law that includes only judge-made laws
  • A set of laws governing only human rights
  • A law that only applies to the executive branch
  • A branch of law that sets up the structure of government and defines relations between branches (correct)

The Constitution is synonymous with the grundnorm.

False (B)

What does constitutional supremacy denote?

A system of government where the constitution is recognized as the highest authority.

In a country governed by __________, all organs of government derive their authority from the constitution.

<p>constitutional supremacy</p> Signup and view all the answers

According to Kelsen, what is assumed about the validity of the grundnorm?

<p>It is to be assumed (B)</p> Signup and view all the answers

Constitutional law only exists within a single document.

<p>False (B)</p> Signup and view all the answers

What does parliamentary sovereignty mean in relation to the constitution?

<p>It means that Parliament has supreme power in making laws without being constrained by the Constitution.</p> Signup and view all the answers

Match the following concepts with their descriptions:

<p>Constitution = A document that outlines the fundamental principles and structure of a government Grundnorm = A basic norm assumed to be the foundation of all legal norms Constitutional Supremacy = The Constitution as the ultimate legal authority Parliamentary Sovereignty = Parliament's power to make any law without constitutional limitations</p> Signup and view all the answers

Which statement best describes the effect of the European Union Act of 1972 on British parliamentary sovereignty?

<p>Some laws passed by Parliament could be rendered void. (C)</p> Signup and view all the answers

Parliament remains the supreme law-making body in the UK without any limitations.

<p>False (B)</p> Signup and view all the answers

Who is associated with the concept of the Grundnorm?

<p>Hans Kelsen</p> Signup and view all the answers

The doctrine of parliamentary supremacy ___ during the UK's membership in the EU.

<p>waned</p> Signup and view all the answers

What was the result of Britain's decision to exit the European Union?

<p>The revival of the doctrine of parliamentary supremacy. (D)</p> Signup and view all the answers

According to Kelsen's Pure Theory of Law, laws derive their validity from ethical principles.

<p>False (B)</p> Signup and view all the answers

Define the term 'grundnorm' in the context of legal theory.

<p>The fundamental norm from which all laws derive their validity.</p> Signup and view all the answers

What role do courts play in relation to parliamentary laws?

<p>They can strike out legislation inconsistent with the constitution. (A)</p> Signup and view all the answers

Parliament has the authority to enact laws that may be considered unjust without any legal challenge.

<p>True (A)</p> Signup and view all the answers

According to Article 1 of the constitution, who does sovereign power belong to?

<p>the people</p> Signup and view all the answers

Article 2 of the constitution declares the constitution as the _____ authority of the land.

<p>supreme</p> Signup and view all the answers

Match the following articles to their descriptions:

<p>Article 1 = Sovereign power belongs to the people Article 2 = Supremacy of the constitution Article 20 = Bill of Rights applicability Article 23 = Court's power to strike down laws</p> Signup and view all the answers

Which statement is true regarding the constitution and state organs?

<p>No individual can exercise power outside what is prescribed by the constitution. (A)</p> Signup and view all the answers

The Bill of Rights does not apply to all state organs.

<p>False (B)</p> Signup and view all the answers

Parliament's legislative mandates cannot be reviewed by the _____

<p>courts</p> Signup and view all the answers

What is a key feature of federalism?

<p>Autonomous spheres of political action (D)</p> Signup and view all the answers

In a federal system, power is completely centralized in the national government.

<p>False (B)</p> Signup and view all the answers

Name one advantage of federalism.

<p>Self determination</p> Signup and view all the answers

In a federal system, power is distributed both _______ and _______.

<p>horizontally, vertically</p> Signup and view all the answers

Match the term with its description:

<p>Quasi federalism = Power predominantly with the central government Self determination = Right of federal states to chart their own paths Unity in diversity = Accommodating diverse interests in governance Conflict = Disputes over power sharing in governance</p> Signup and view all the answers

Which of the following is a disadvantage of federalism?

<p>Conflict over power exercise (A)</p> Signup and view all the answers

Kenya is recognized as a fully federal state.

<p>False (B)</p> Signup and view all the answers

What does a republican constitution emphasize?

<p>Self governance</p> Signup and view all the answers

What is a key characteristic of a flexible constitution?

<p>It can be changed using the same procedure as ordinary laws. (D)</p> Signup and view all the answers

A parliamentary constitution allows for a separation between the executive and legislative branches of government.

<p>False (B)</p> Signup and view all the answers

Name one advantage and one disadvantage of flexible constitutions.

<p>Advantage: Easy to change; Disadvantage: Can be manipulated for selfish interests.</p> Signup and view all the answers

In a __________ Constitution, members of the cabinet are drawn from the legislature.

<p>parliamentary</p> Signup and view all the answers

Match the following countries with their type of constitution:

<p>United States = Presidential United Kingdom = Parliamentary Kenya = Presidential South Africa = Parliamentary</p> Signup and view all the answers

What does the concept of 'supremacy of Parliament' imply?

<p>Parliament can change any laws, including constitutional laws. (D)</p> Signup and view all the answers

The handshake between the two political protagonists in Kenya resolved political tension arising from rigid constitutional provisions.

<p>True (A)</p> Signup and view all the answers

What is a defining feature of a presidential constitution?

<p>The president is the head of the executive and is separate from the legislature.</p> Signup and view all the answers

What is the primary position of international law in relation to the Kenyan Constitution?

<p>It is subordinate to the Constitution (B)</p> Signup and view all the answers

International law can override the Kenyan Constitution if there is inconsistency.

<p>False (B)</p> Signup and view all the answers

What does Article 2 of the Kenyan Constitution declare?

<p>The Constitution is the supreme law of the country.</p> Signup and view all the answers

The convergence of national and international law can be seen in the spread of ______ norms.

<p>democratic</p> Signup and view all the answers

Which of the following statements accurately reflects the relationship between Kenyan law and international treaties?

<p>Treaties have no impact until adopted by legislation. (A)</p> Signup and view all the answers

Kenya has positioned international law above national Acts of Parliament.

<p>False (B)</p> Signup and view all the answers

What is a key judicial opinion regarding the consistency of international law with the Kenyan Constitution?

<p>If international law is inconsistent with the Constitution, it is void to the extent of that inconsistency.</p> Signup and view all the answers

Flashcards

Parliamentary Supremacy

The principle that Parliament is the supreme law-making body in the UK, with no other entity or individual having the power to override its decisions.

Waning

The weakening or decline of a principle, idea, or power, like parliamentary supremacy.

Revival

The renewal or resurgence of a principle, idea, or power. In this context, it refers to the return of parliamentary sovereignty after the UK's exit from the EU.

EU Law Supremacy

The legal principle stating that the European Union's laws are superior to the national laws of its member states, including the UK.

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Grundnorm

The fundamental rule or source from which all legal rules and norms derive their validity. In Kelsen's theory, it's the foundation of the legal system.

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Positivist School of Law

A school of legal thought that emphasizes positive laws, meaning laws created and enforced by human authority, rather than natural law or religious principles.

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Pure Theory of Law

A theory of law developed by Hans Kelsen, suggesting that law consists of a hierarchical system of rules that ultimately derive their validity from a single, basic norm.

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Ought Propositions

Statements that establish a system of rules for how humans should behave. These are the expressions of legal norms.

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Constitutional supremacy

The principle that the Constitution is the supreme law of the land and all other laws must be consistent with it.

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Judicial review

The power of courts to review laws passed by Parliament and strike down those that violate the Constitution.

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Bill of Rights

A set of fundamental rights and freedoms guaranteed by the Constitution, which applies to all laws and individuals.

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Parliament's respect for the Bill of Rights

Parliament's obligation to respect the Bill of Rights when making laws, meaning laws that violate the Bill of Rights will be struck down by the courts.

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Sovereign power

The power of the people to exercise their authority directly through voting or indirectly through elected representatives (like Parliament).

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Institutions of state

The branches of government (Parliament, Executive, Judiciary) that are established and mandated by the Constitution to exercise sovereign power.

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Constitutional limits on power

The Constitution prevents any individual or state organ from creating new levels of government or exercising power that isn’t conferred by the Constitution.

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Flexible Constitution

A constitution that can be easily amended or changed, often using the same process as ordinary laws.

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Rigid Constitution

A constitution that is difficult to amend, requiring specific procedures and often a supermajority vote.

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Presidential Constitution

A system where the executive branch (president) is independent from the legislative branch (parliament). The president is elected separately and has distinct powers.

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Parliamentary Constitution

A system where the executive branch (prime minister) is directly accountable to the legislative branch (parliament). The prime minister is usually a member of parliament and their cabinet is drawn from parliament.

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Rule of Law

The principle that the constitution is the supreme law of the land, and all other laws must comply with it.

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Political Tension

Political tension that arises when different groups or individuals have conflicting political views and goals.

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Handshake (Political)

A formal agreement or understanding between two or more political figures or groups, often aimed at resolving conflict or achieving shared goals.

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Federalism

A form of government where power is shared between a central unit (like the federal government) and smaller sub-units (like states or provinces), with each having independent authority within their own jurisdiction.

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Horizontal Power Distribution

A system where power is distributed horizontally among different branches of government, such as the executive, legislative, and judicial branches.

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Vertical Power Distribution

A system where power is divided vertically between the national government and the smaller sub-units within the federation.

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Quasi-federalism

A system where power is devolved to sub-units, but the central government retains significant power. It's a kind of "half-federal" system.

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Self-determination

The right of sub-units (like states or provinces) to govern themselves within the framework of the federation.

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Unity in Diversity

The ability of a federal system to accommodate diverse interests and perspectives within the union.

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Conflict

A potential drawback of federalism, where disputes and conflicts over shared power can hinder progress.

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Disunity

Another potential consequence of federalism, where sub-units may feel dissatisfied with the central government and seek separation.

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Parliamentary Sovereignty

The principle that Parliament is the supreme law-making body and its laws cannot be challenged by any other institution, including the courts.

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Separation of Powers

A system of government where power is divided between different branches (executive, legislative, and judicial) to prevent any one branch from becoming too powerful.

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Kelsen's Theory

The belief that the validity of the grundnorm is assumed, not derived from a specific source like a Constitution or the people.

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Constitutional Law

The branch of law that deals with the structure and functions of government, including the rights and freedoms of citizens.

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Popular Sovereignty

The belief that the validity of a Constitution is derived from the people who created it through a process like a referendum or election.

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International Law in Kenya

International law is considered in the hierarchy of Kenyan law, but it is treated like any other national law. It cannot overrule the Kenyan Constitution and is subject to the same level of scrutiny.

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Inconsistency with The Constitution

If an international law contradicts the Kenyan Constitution, it cannot be applied in Kenya because the Constitution takes priority over any other law.

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National Law vs. International Law

Even if an international law contradicts a national law, the national law remains valid until it's explicitly repealed by the Kenyan legislature.

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Convergence of Laws

There's an increasing overlap between national Constitutions and international law, with concepts like democracy and human rights being adopted in both,

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Cross-Pollination of Concepts

Examples include the concept of democracy, originating at the national level and spreading to international treaties, which then influence national Constitutions.

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Judicature Act & Court Pronouncements

The Judicature Act, along with various court pronouncements, confirm the Constitution's supreme position and reiterate the principle that international law cannot override it.

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International Law Incorporation

Article 2(5) and (6) of the Kenyan Constitution incorporate international law into the country's laws, making it applicable but still subject to the Constitution's supremacy.

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Study Notes

Constitutional Law 1 Notes

  • This is a course covering constitutional law, specifically at the University of Nairobi.
  • A constitution is more than just a document; it is an assemblage of laws, institutions, and customs stemming from fundamental principles of reason for how a community governs itself.
  • Constitutions outline a nation's framework of government and the functions/relationships of its various institutions.
  • Constitutions also protect the rights, hopes, and aspirations of the people.
  • The Kenyan Constitution of 2010 is a written instrument that defines the framework of government and encompasses the people's values, rights, and aspirations.
  • Constitutions act as the supreme law of a country, and all other laws must be consistent with it; they bind all state organs and individuals.
  • Key characteristics of Constitutions include establishing the system of government.
  • Constitutions provide a framework that ensures that government is accountable and that individual rights are protected.
  • Constitutions are a political document or a set of documents outlining the manner in which a country's political processes and structures will be arranged and run.
  • Constitutions also deal with structures of governance and power distribution between different levels of government (central and local).
  • Constitutionalism refers to the principle that governments and their institutions are bound by and act in accordance with a constitution.
  • Parliamentary supremacy is a system of governance where Parliament is the supreme or ultimate authority.
  • In a parliamentary system, Parliament has no restrictions on its lawmaking mandate, and even courts cannot declare laws passed by Parliament as invalid.
  • Constitutional supremacy is a system of governance where the Constitution is the supreme law. All governmental actions and laws must conform to it.
  • Judicial review is the power of the judiciary to review laws and actions by state organs to ensure they comply with the Constitution.
  • Kenya is a country that upholds constitutional supremacy.
  • The fundamental principles underlying the idea of rule of law include the idea that all parties to the law are equal (including state agents).
  • The rule of law requires that laws are set in advance, are public, are generally stable, and are capable of enforcement.
  • Rule of law means that the exercise of power by all, including the ruling class, is bound by rules; laws should govern society and not individuals' wishes.
  • Written Constitutions are codified documents containing laws and principles.
  • Unwritten Constitutions are not codified in a single document but in various laws, conventions, and customs.
  • The independence Constitution of Kenya and the 2010 Constitution are both written.
  • Rigid constitutions are not easily amended.
  • Flexible constitutions are easily amended and reflect changing social values.
  • Parliamentary Constitutions: Executive and legislative branches are connected.
  • Presidential Constitutions: Executive branch separate from legislature.
  • Unitary Constitutions: Power is centralized in a central government.
  • Federal Constitutions: Power is distributed between the central and regional governments.
  • Republican Constitutions: The people elect the head of state.
  • Monarchical Constitutions: The head of state is a monarch.
  • Most national constitutions in democracies protect the fundamental rights of its people.
  • International law binds nations, and the relationship between international law and national constitutions has been debated extensively in jurisprudence.
  • There is no consensus on whether international law is supreme to national law.
  • Some Constitutions recognize international law as a part of the legal framework of the country.
  • Kenya has implemented the supremacy of the Constitution over any other law, including international law.
  • Human rights are values relevant to all people and may be categorized into first generation (civil and political rights), second generation (economic, social, and cultural rights), and third generation (group rights).
  • Human dignity is inherently important and cannot be abrogated through any means.
  • Social justice means distributing society's resources equitably and ensuring the absence of discrimination.
  • Accountability refers to the responsibility and liability of government officials for their actions.

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Test your understanding of fundamental concepts in constitutional law. This quiz covers essential principles such as constitutional supremacy, parliamentary sovereignty, and the impact of the EU on UK law. Perfect for law students or anyone interested in constitutional studies.

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