Chapter 1 Conceptualising Sovereignty, Constitutions
CHAPTER 1 CONCEPTUALISING SOVEREIGNTY, CONSTITUTIONS, STATES AND GOVERNMENTS IN KENYA AND AFRICA This Draft Chapter may be cited as: Ben Sihanya (forthcoming 2020) “Conceptualising sovereignty, constitutions, states and governments in Kenya and Africa,” in Ben Sihanya (2020) Constitutional Democracy, Regulatory and Administrative Law in Kenya and Africa (CODRALKA 2) Vol. 2: Presidency, Premier, Legislature, Judiciary, Commissions, Devolution, Bureaucracy and Administrative Justice in Kenya, Sihanya Mentoring & Innovative Lawyering, Nairobi & Siaya. 1. Introduction to People, Sovereignty, Constitutional, State, Market and Governments in Kenya and Africa This Chapter conceptualizes, problematizes and contextualizes some of the most important variables or parameters in constitutional democracy in Kenya and Africa: people or popular sovereignty, constitution, state, government and constitutional democracy.1 The main point of reference or departure is the constitutional text, structure experience and …theory?... of Kenya, Nigeria, South Africa, Uganda and Tanzania. Other states from Africa, North America, Latin America, and Asia are also studied, especially Ghana, Ethiopia, USA, UK, Germany, France, Australia, China and Japan. This book seeks to develop an Afro-Kenyanist conceptual and theoretical framework. Thus, the following three sets of founding and contemporary values, principles, theories, philosophies and perspectives are problematized, interrogated and integrated. First, justice as shield and defender.2 Second, mutual social responsibility a contextualized “African Socialism,”3 harambee (let’s pool and pull together).4 Third, shared prosperity which is also rendered as “I am because we are and since we are therefore I am….5 From March 9, 2018 when Raila Odinga, the ‘People’s President’ had a ‘handshake’ or rapprochement with President Uhuru Kenyatta. Kenyans have been engaged in constitutional reform discussions.
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