Legislative Due Process Theory Analysis

2401 Words10 Pages
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...

... middle of paper ...

...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 .

More about Legislative Due Process Theory Analysis

Open Document