THEORITICAL FRAMEWORK
2.1 Introduction
This chapter will cover the jurisprudential basis of the research. This chapter will look into the historical approach in order to provide an understanding of the history of the concept of bicameralism in Kenya and the challenges it presents. Through this approach, focus will be placed on ancient bicameralism in developed democracies
The chapter will also relate the representation theory to the concept of bicameralism and facilitate in understanding the rationale for bicameralism in Kenya and the need for complimentarity in law making. The Theory of representation contends that bicameralism is meant for representation of different set of interests . According to the theory, one house is composed of popularly elected members representing the citizens directly while the other house with a different basis of representation gives voice to the interest of the social classes, economic interests or territorial diversity .
The chapter will further discuss the legislative due process theory that expounds on the connections between deliberation in the legislative process and legislative procedure. It considers the need to minimise the operation of the legislative due process theory and ward off judicial involvement in the legislative process . The research on this aspect shows that inter-cameral legislative deliberations where necessary can hold off judicial involvement and the case of the Division of Revenue Bill 2013 (Now an Act) is analysed in the context of the legislative due process theory.
2.2 The Historical Approach
The ideas which underlie bicameralism may be traced back to the theories developed in ancient Greece and Rome, though recognisable bicameral institutions arose first in medieval Eur...
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...al roles of either chamber or lack of constitutional mechanisms to resolve legislative gridlock but rather deficiency of a constitutional culture. The recent inter-cameral conflict is therefore a grim reminder of the challenges the bicameral model presents. The Constitution genuinely anticipated legislative gridlock and conflict of jurisdictions and provides for constitutional mechanisms to resolve such disputes. The Constitution provides for a mediation committee of equal numbers appointed by both speakers of the bicameral parliament to resolve legislative deadlock and if the mediation committee fails to agree such legislation is deemed defeated . The constitution further protects the bicameral system by according either chamber an amendment or re-consideration right for ordinary and special legislations concerning county governments originated by either house .
Ahead in the book, I discover that Norway, Sweden and Denmark nullified their second chambers, choosing that bicameralism was no more essential. In reality, even the House of Lords in England has had its energy fundamentally decreased through time and as Dahl says, "The fate of that old chamber stays in extensive uncertainty." The purposes behind these bicameral contemplations in the constitution need to do with accommodating equivalent representation.
Montresor must trick and manipulate Fortunato to accomplish his goal of revenge. He tells Fortunato the reason he is at the ...
Poe, Edgar A. "Short Stories: The Cask of Amontillado by Edgar Allan Poe." Short Stories: The
Contrasts in the lawmaking methodology utilized as a part of the House and Senate reflect the distinctive size of the two chambers and individual terms of its parts. In the House, the dominant part gathering is inflexibly in control, stacking advisory groups with lion 's share party parts, and utilizing principles to seek after enactment supported by its parts. In the Senate, singular parts are better ready to hold up the procedure, which prompts lower similarity costs, however higher exchange costs. The complication of the lawmaking procedure gives rivals different chances to murder a bill, making a solid predisposition for the present state of affairs.
He did not show even by words that he is going to kill. Also, he did not let Fortunato to know that he intended any grudge against him “..neither by word nor deed had I given Fortunato cause to doubt my good will... He did not perceive that my smile now was at the thought of his immolation (8-10).” One night while Fortunato was drunk, Montresor told him that he bought a barrel of wine called Amontillado “But I have received a pipe of what passes for Amontillado, and I have my doubts (25).” He understood that Fortunato “prided himself on his connoisseurship in wine (12).” He attracted him to going to his house to check the drink by saying that he might invite Luchresi to do it, a seeming rival of Fortunato 's, instead “As you are engaged, I am on my way to Luchresi. If any one has a critical turn it is he. He will tell me (37-38).” When they left, Montresor put on a mask and quickly took the way to his property. He was sure nobody could see them together on Fortunato 's last night. Moreover, Montresor completely knew Fortunato and used the knowledge versus him. He planned his deed carefully and carried it out slowly. It seems that Montresor anticipated his revenge with joy. While they traveled down the cavern, Montresor gives Fortunato many opportunities to leave. Fortunato looks weak against the niter, which is growing on the walls, and repeatedly coughs. Montresor commented on Fortunato 's health and asked
Contrary to popular belief, a minority government does not necessarily hinder a governing party. When practiced correctly, a minority government can be an improvement on single-party majority. Instead of one party controlling government, minority governments allow for multi-party governance, which promotes compromise between political parties. On the whole, minority government decreases stability and requires continuous cooperation with opposition parties. Although faced with many challenges, there are several beneficial aspects to a minority government. This paper will argue that a minority government does not hinder a governing party, and in fact can be beneficial in numerous ways. Most importantly a minority government allows the Prime Minister to maintain a range of important resources which allow for an effective government, minority governments deliver a more open and inclusive decision making process, and a minority government guarantees the confidence of the House for a certain amount of time.
As a representative of the Algo ethnic group, I want to say that our people would like the new state to introduce a parliamentary system of governence. Parliamentarism is a system of government in which the head of government is elected by and accountable to a parliament or legislature. One could rightfully ask: What is our reasoning for desiring this? We think it is justified because in presidential systems the populace at large votes for a chief executive, who is the President, in a nation-wide election. This is revenant as the Algo comprises the minority of the population of the Republic of Jarth, which consists of only 1.1 million representatives in the whole state, compared to that of 2.9 million Randies, 3.8 million Dorfas and 2.2 million Takas living in the Republic of Jarth. One can reasonably assume that the outcome will most likely be that the cumulation of the majority’s vote will hinder the representation (in numbers) of the members of the minority in office. Subsequently, the Algo will have to live under the control of a leader from another ethnic group again, which the Algo members tremble at the thought of because we are proud of their ethnicity and do not wished to be shamed for it. On the other hand, in parliamentarism, the first step is an election of members of parliament, which are the political parties. This is imperative since it will allow the Algo to be able to choose the party we really share interests with....
On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...
This year, the UK parliament is going to decide on the whether to grant devolved powers to Dalmatia. This devolution settlement would create a Dalmatian Assembly, with limited powers to vary the rate of income tax and also to make some local decisions in the areas of education, healthcare, and infrastructure. Some states that devolution might introduce corruption, financial costs and threats to national identity. However, those problems are far from incurable. Undertaken with great care, devolution in Dalmatia will produce superior outcomes in supporting local economic development, improving democratic system and preserving national unity.
A key feature of the unwritten constitution is ‘the Separation of Powers’. This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group. Cooperating with one...
For years, countries have had different legislatures bicameral and unicameral. The features of each legislatures are distinct from one another. It even accounts to various vices and virtues. Both legislatures exist in various countries in the world. The reason to which varies in each place. Legislatures are essential for a society to perform politically well. However, the political structure of every nations varies thus, there exist no simple generalization. The structural arrangements of different legislatures are distinct in relation to their number of chambers available. (Danziger, J. N. (1996))
The concept of parliamentary political system was rooted in 1707 of Great Britain; the word derives from ‘parley’, a discussion. It was used to describe meetings between Henry III and noblemen in the Great Council (Szilagyi, 2009). It was originated in British political system and is often known as the Westminster model as it was used in the Palace of Westminster. It became influential throughout many European nations later in the 18th century (Smith, 2010). Countries with parliamentary systems are either constitutional monarchies such as the United Kingdom, Denmark, Australia, and Canada or parliamentary republics such as Greece, India, Ireland and Italy (McTeer, 1995). The parliamentary type of government is known for its three distinctive features; first, executive is divided into the head of state and the head of government, they are independently elected forming a dual executive; second, the fusion of ...
On the eastern coast of Africa lies a land full of sunny blue skies and large plains in which zebras and elephants roam. This land is the country of Kenya. Outside of Kenya’s cities and towns lies many samples of natures beauty. Unfortunately, the people living in this land are troubled by their struggle with the government and trying to form a democracy. Matthew Carotenuto stated, “Much of the world had historically viewed Kenya as an island of peace and economic potential in a roiling sea of stateless chaos.” What he means is that people have long seen Kenya as a peaceful place that is surrounded by countries suffering from all sorts of violence and unfortunate circumstances. What many people do not know is that Kenya has a long history for political violence going way back to when the country was colonized. Understanding that Kenya’s past violence was due to their struggle for social and political authority helps us understand some of their violence issues today. According to Maina Kiai, violence broke out after Kenya’s 2007 election. Many people had thought that Kenya was a more peaceful country compared to others in Africa because they were working towards a democracy. Currently Kenya is a republic (“Kenya” The World...). Another thing Kiai mentioned is that one of Kenya’s major political problems is that Kenya's constitution gives the president full power to elect anyone he wants into a political position for any salary he chooses. Scott Baldauf and Robert Crilly also explain how Kenya is trying to become a democracy but its political system is weak and allows the president too much power, making the nation a dictatorship in disguise. This leads to many ethical issues within the governments systems. We should care about Ken...
In conclusion Kenya is a very fertile country and it has many opportunities to better living standard of its people, but the government and its citizens are not open minded, in addition instead of individuals working hard to elect people who can focus on their needs, they make it worse by fighting among themselves and spreading tribalism, therefore for Kenya to develop and move forward, change must began from individual, society then government.
The constitutional framework of the of the Federal government of Nigeria starts off with “We the people of Nigeria, by our representatives here in Parliament assembled, do hereby declare, enact, and give to ourselves the following Constitution”(“The Politics and Administration of Nigerian Government”). The idea of this democracy is powe...