| dc.description.abstract | The overall objective of the study is to examine the concept of constitutionalism in
Africa; with a comparative study on developments in Kenya and Somalia. More
specifically, the study aims to examine the constitutional-making processes in Kenya and
Somalia; analyze the challenges faced in the constitution development processes in
Kenya and Somalia and explore measures to deal with the challenges of implementation
in both countries. The study critically reviewed and analyzed secondary data. This data
was obtained from published and unpublished material, journals, academic papers and
periodicals. The study was also based on analysis of reports by international
governmental and non-governmental organizations. Critical theories of constitutionalism
characterize a serious difficulty not only to conventional theories and customary
processes of constitutional explanation, but to the very initiative of constitutionalism
itself: the point that government can and should be restricted in ways that serve to defend
subjects from unjustifiable state authority. The study contends that constitutionalism
requires adherence to the rule of law, protection of human rights and imposing limits on
powers of the incumbent government | en_US |
