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Author : Patrick L. O. Lumumba
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.F/5 ( download)
Download or read book An Outline of Judicial Review in Kenya written by Patrick L. O. Lumumba and published by . This book was released on 2006 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Swati Jhaveri
Publisher : Cambridge University Press
ISBN 13 : 1108481574
Total Pages : 447 pages
Book Rating : 4.1/5 (84 download)
Download or read book Judicial Review of Administrative Action written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author : Ambreena Manji
Publisher : Boydell & Brewer
ISBN 13 : 1847012558
Total Pages : 225 pages
Book Rating : 4.8/5 (47 download)
Download or read book The Struggle for Land and Justice in Kenya written by Ambreena Manji and published by Boydell & Brewer. This book was released on 2020 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist for the African Studies Association's 2021 Best Book Prize. Explores the limits of law in changing unequal land relations in Kenya.
Author :
Publisher :
ISBN 13 : 9789176710524
Total Pages : 180 pages
Book Rating : 4.7/5 (15 download)
Download or read book Judicial Review Systems in West Africa: a Comparative Analysis written by and published by . This book was released on 2016 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.
Author : John Hart Ely
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author : Charles Manga Fombad
Publisher : Oxford University Press
ISBN 13 : 0198759797
Total Pages : 444 pages
Book Rating : 4.1/5 (987 download)
Download or read book Separation of Powers in African Constitutionalism written by Charles Manga Fombad and published by Oxford University Press. This book was released on 2016 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 444 pages
Book Rating : 4.3/5 (195 download)
Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author : Emmanuel Ugirashebuja
Publisher : BRILL
ISBN 13 : 9004322078
Total Pages : 553 pages
Book Rating : 4.0/5 (43 download)
Download or read book East African Community Law written by Emmanuel Ugirashebuja and published by BRILL. This book was released on 2017-03-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Author : Maurice Adams
Publisher : Cambridge University Press
ISBN 13 : 1316883256
Total Pages : 559 pages
Book Rating : 4.3/5 (168 download)
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Author : Great Britain. Cabinet Office. Management and Personnel Office
Publisher :
ISBN 13 : 9780711501300
Total Pages : 17 pages
Book Rating : 4.5/5 (13 download)
Download or read book The Judge Over Your Shoulder written by Great Britain. Cabinet Office. Management and Personnel Office and published by . This book was released on 1987 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Vivek Maru
Publisher : Cambridge University Press
ISBN 13 : 9781316612422
Total Pages : 0 pages
Book Rating : 4.6/5 (124 download)
Download or read book Community Paralegals and the Pursuit of Justice written by Vivek Maru and published by Cambridge University Press. This book was released on 2020-11-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.
Author : United States. Congress
Publisher :
ISBN 13 :
Total Pages : 1324 pages
Book Rating : 4.A/5 ( download)
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1968 with total page 1324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : PK Mbote
Publisher : African Minds
ISBN 13 : 1920489185
Total Pages : 210 pages
Book Rating : 4.9/5 (24 download)
Download or read book Kenya written by PK Mbote and published by African Minds. This book was released on 2011 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of this report is based on Kenya's policy blueprint, Vision 2030, which places rule of law at the center of its goals. It was commenced at the same time as the nation was recuperating from the post-election poll, which resulted in many Kenyans expressing disappointment at the nation's democratic institutions. The study, produced by AfriMAP and the Open Society Initiative for Eastern Africa, examines and makes recommendations for the following topics: justice sector and rule of law; legal and institutional framework; government track record in respect to rule of law; management of the justice system; independence of the bench and bar; criminal justice; access to justice; and the role of donor agencies.
Author : P.L.O Lumumba
Publisher : African Books Collective
ISBN 13 : 9966031898
Total Pages : 380 pages
Book Rating : 4.9/5 (66 download)
Download or read book The Constitution of Kenya: Contemporary Readings written by P.L.O Lumumba and published by African Books Collective. This book was released on 2011-12-29 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Kenya: Contemporary Reading, provides an in-depth assessment of the interface between constitutionalism and Kenyas new Constitution. Focusing on the historical trajectory on the search for a new Constitution, Chapter One lays the groundwork upon which the fault line between constitutionalism and the issue areas are articulated in the other chapters in relation to the new Constitution. The superb chapters on the carefully selected issue areas, make this edited volume an essential reading. The book makes an important contribution to the evolving constitutionalism and policy clarification on Kenyas new Constitution. It is a welcome and timely intervention by legal scholars and practitioners on the new constitution and the challenges facing Kenya in its implementation. The book is an excellent teaching and reading manual for students in law, history, politics, diplomacy, and international relations as well as for the practitioners.
Author : Nina Berman
Publisher : University of Michigan Press
ISBN 13 : 0472220152
Total Pages : 331 pages
Book Rating : 4.4/5 (722 download)
Download or read book Disability and Social Justice in Kenya written by Nina Berman and published by University of Michigan Press. This book was released on 2022-05-19 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disability in Africa has received significant attention as a dimension of global development and humanitarian initiatives. Little international attention is given, however, to the ways in which disability is discussed and addressed in specific countries in Africa. Little is known also about the ways in which persons with disabilities have advocated for themselves over the past one hundred years and how their needs were or were not met in locations across the continent. Kenya has been on the forefront of disability activism and disability rights since the middle of the twentieth century. The country was among the first African states to create a legal framework addressing the rights of persons with disabilities, namely the Persons with Disabilities Act of 2003. Kenya, however, has a much longer history of institutions and organizations that are dedicated to addressing the specific needs of persons with disabilities, and substantial developments have occurred since the introduction of the legal framework in 2003. Disability and Social Justice in Kenya: Scholars, Policymakers, and Activists in Conversation is the first interdisciplinary and multivocal study of its kind to review achievements and challenges related to the situation of persons with disabilities in Kenya today, in light of the country’s longer history of disability and the wide range of local practices and institutions. It brings together scholars, activists, and policymakers who comment on topics including education, the role of activism, the legal framework, culture, the impact of the media, and the importance of families and the community.
Author : Maurice Odhiambo Makoloo
Publisher : Minority Rights Group
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.F/5 ( download)
Download or read book Kenya written by Maurice Odhiambo Makoloo and published by Minority Rights Group. This book was released on 2005 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minorities and indigenous peoples in Kenya feel excluded from the economic and political life of the state. They are poorer than the rest of Kenya's population, their rights are not respected and they are rarely included in development of other participatory planning processes. This report discusses the abuse of ethnicity in Kenyan policies, arguing that ethnicity is a card all too often used by Kenyan politicians to favour certain communities over others in the share of the nation's wealth. Kenya: Minorities, Indigenous Peoples and Ethnic Diversity exposes these concerns in detail via the analysis of budgetary expenditure in the poor Turkana region, which is dominated by the minority Turkana people, and in the richer Nyeri region, home of Kenya's current President. The author, Maurice Odhiambo Makoloo, calls for immediate action to address the inequalities and marginalization of communities, as a way of ensuring that Kenya remains free of major conflict. It calls for disaggregated data - by ethnicity and gender - and a new Constitution to devolve power away from the centre, so that minority and indigenous peoples stand to benefit from current and new development programmes.The report argues that Kenya's diversity should be its strength and need not be a threat to national unity. Suppressing and denying ethnic diversity is the quickest route to inter-ethnic conflict and claims of succession. The report calls for urgent action.
