Constitutional Law Quiz
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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

    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</p> Signup and view all the answers

    Constitutional law only exists within a single document.

    <p>False</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.</p> Signup and view all the answers

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

    <p>False</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.</p> Signup and view all the answers

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

    <p>False</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.</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</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.</p> Signup and view all the answers

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

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

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

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

    Kenya is recognized as a fully federal state.

    <p>False</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.</p> Signup and view all the answers

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

    <p>False</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.</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</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</p> Signup and view all the answers

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

    <p>False</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.</p> Signup and view all the answers

    Kenya has positioned international law above national Acts of Parliament.

    <p>False</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

    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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