Juma was elected as President of the Republic of Kafira on August 10, 2023. Upon taking the
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Question:
"A President is the formal head of state. However constitutional Presidents differ from monarchs and emperors."
Critically discuss the above without being limited or confined to the hypothetical statement with regards to the powers and functions of the President and County Governors in Kenya. Propose relevant reforms.
QUESTION 4
During the Azimio demos, picketing and petition, police in riot gear engaged the demonstrators in clashes, and used live bullets, rubber bullets, tear gas and water canons, to disperse the groups attending the demonstrations. Police also arrested hundreds of Azimio supporters, several Azimio leaders and lawmakers.
In a related matter, the Supreme Court of Canada while determining the implementation of the Canadian Charter of Rights and Freedoms, held in R v. Oakes that:
"A wide range of rights and freedoms are guaranteed by the Charter, and an almost infinite number of factual situations may arise in respect of these. Some limits on rights and freedoms protected by the Charter will be more serious than others in terms of the nature of the right or freedom violated, the extent of the violation, and the degree to which the measures which impose the limit trench upon the integral principles of a free and democratic society. Even if an objective is of sufficient importance, and the first two elements of the proportionality test are satisfied, it is still possible that, because of the severity of the deleterious effects of a measure on individuals or groups, the measure will not be justified by the purposes it is intended to serve. The more severe the deleterious effects of a measure, the more important the objective must be if the measure is to be reasonable and demonstrably justified in a free and democratic society."
Without being limited or confined to the statement above, critically discuss the scope, application and limitations as well as any reforms to the enjoyment of the freedom of assembly, peaceful demonstration, picketing and public petition on Kenya an Africa.
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
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