assignment 02 assessment best in 2021

A critical look at Bills of Rights from two Different jurisdictions: South African and Kenyan Bill of Rights as enshrined in their constitutions: A comparative study By Chinweuba Henry Nwaigwe ID number Submitted in Partial fulfillment of the requirement for the degree LLB IN THE SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: Dr LETITIA PIERNAAR (PORTFOLIO FOR ASSIGNMENT 02) 2018 Student name: Chinweuba Henry Nwaigwe ID number Course LME3701 Assignment 2 Code 2 Table of content Title Page 1 Table of Content 2 Chapter One Introduction 3 Chapter two 2.1 Problem Statement 4 2 .2 Hypothesis of this research 4 2.3 Points of Departure and assumptions 4 Chapter three 3.1 Definition of Terms 5 3.2 Proposal Time Frame 5 3.3 chapter outlay 6 Chapter Four Research Methodology 7 Chapter Five Literature Review 8-10 Chapter six Conclusion 11 Bibliography 12 Academic honesty declaration 13 Student name: Chinweuba Henry Nwaigwe ID number Course LME3701 Assignment 2 Code 3 Chapter One 1. Introduction A constitution is the legal guide post of every nation. “Constitutions create state institutions, allocate to them powers and, importantly, define the limits of their Powers”. 1 . The content and principles incorporated in a constitution can help you decipher how important a country holds its citizens, the level of power held by the citizens and the level of freedom, equality and dignity enjoyed by such citizens. One of such principles which may be incorporated in the constitution is the Bill of Rights. According to Prof Fombad, a bill of right is: “any provisions designed to introduce and protect contemporary human rights norms and standards in a constitution” 2 A bill of rights (which can as well be called fundamental human rights and freedoms) is a collection of codes and provisions which list rights of citizens and residents of every country irrespective of class and how such rights when infringed could be protected by different arms of the government. The bill of rights creates an atmosphere of equality and freedom and ensures that everyone’s right is protected irrespective of who is in power. It creates certainty in the mind of everyone with respect to what their rights are, and their limitations and reasons for such limitations. This research would examine the bill of rights as found in South African Constitution and that of Kenya. The researcher intends to point out the similarities and differences of the bill of rights with a view to seeing how they reflect the history of the two great African nations. In looking at the bill of rights in these two jurisdictions, the researcher intends to see to what extent these provisions reflect international laws and to demonstrate the influence of South African constitution to human rights development in Kenya. The researcher is embarking on this study to have a better understanding of how the two jurisdictions have developed their human right laws, how they have benefit from each other and to add to existing literature of human right developments in Africa. 1. E Kibet & C Fombad 'Transformative constitutionalism and the adjudication of constitutional rights in Africa' (2017) 17 African Human Rights Law Journal 340-366.(342) 2. Fombad, C M ‘African Bill of Rights in a comparative perspective’ 2011 Southern African Society of Legal Historians, UNISA Press 33-64. (36)Student name: Chinweuba Henry Nwaigwe ID number Course LME3701 Assignment 2 Code 4 Chapter Two 2.1 Problem Statement The purpose of this research is to critically evaluate the bill of rights encapsulated in the constitutions of Kenya and South Africa with a view to pointing out their similarities and differences in other to highlight the impact of the south African constitution in guaranteeing human rights within the Kenyan legal system and to what extent both constitutions reflect and acknowledge international law. 2.2 Hypothesis of this research The purpose of this research is mainly to highlight the similarities and differences in South African and Kenyan Bill of Rights. Given the fact the Kenyan constitution came more than a decade after that of South Africa; it seems the South African Constitution heavily influenced it. The hypothesis of this research is that despite the similarities and influence of the South African constitution on the Kenyan constitution and jurisprudence, the Kenyan Bill of Rights has distinctive provisions that make it standout clearly as a unique solution to Kenyan’s human right problems and not that of South Africa. 2.3 Points of Departure and assumptions This research involves a critical review of literature from various sources which include primary sources of law, such as legislations, case law and secondary sources of law like legal text, law books and journals, international conventions and treaties with respect to fundamental human rights. The researcher also looked at numerous internet sources and e sources. This review enables the researcher to make informed decisions as to relevant materials to draw from to clearly bring out the objective of the study. This research would not look critically at the entire constitutions of the two jurisdictions, but would focus mainly on the two bills of rights, few adjudications relating to them and how the two bills of rights reflect international law.