constitution and governance
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CONSTITUTION & GOVERNANCE
TOPIC – INTRODUCTION AND OVERVIEW OF THE CONSTITUTION
(LESSON 1)
PREPARED BY: MR. E. O. OMANGA
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Definition
What is a constitution?A national constitution is a set of values and institutionswhich form the fundamental framework for theorganization and operation of the government in thecountry
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Importance
Modern states cannot function without a constitution discuss?
It establishes authority and institutions for running of the country
It limits on the powers of the government
It makes the government accountable to its citizens
It defines democracy and the rights of its people
The unity, stability and prosperity of the country depends largely on the constitutionwww.businessclinic.co.ke
Major components of a constitution
State
Citizens
Institutions
Rules
Values
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Phases of constitution making process
In some societies there may be no formal methods of making rules.
Rules may amount to understandings that have developed among members of society on matters that are essential to their living together.
These rules would vary from one community to another depending on the mode of existence i.e pastoralist
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Phases of constitution making process cont’d
On some matters the whole community would make decisions, others would be left to a smaller group perhaps the elders.
Rules are based on understanding and knowledge, in most cases reflecting the culture and morals of the community.
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Phases of constitution making process cont’d
As geographical scale of the society expands orsociety becomes more complex, there arises theneed for more formal understanding on how itshould be organized.
Who makes the rules
Who decides disputes
Who defends the community
“These rules we call the constitution.”www.businessclinic.co.ke
Relationship
State • Institutions
Citizens • Values
Commu-nities • Resources
Constitution
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ConclusionOver time societies are kept together by values, rules andInstitution.
They have principles to decide who has the power to makeand enforce rules and guidelines that govern relationshipswithin the society.
The constitution would define the relationship between thestate and the communities.
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Conclusion cont’dThere would usually be rules for the distribution of resources and the protection of property and other entitlement.
Disputes are inevitable and effective methods of resolving them are essential if the community is to survive.
Since few societies are completely self contained, there may be rules governing the relations between society with other groups, including trade.
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Conclusion cont’d
The constitution has the status of a law and is usuallythought as the ‘supreme law ’
Modern constitutions do more than set up a systemof government and dispute resolutions.
They talk about the people and their rights They set guidelines for proper behavior for rulers They set guidelines for government policy They limit what governments may do
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END OF SLIDE SHOWTHANK YOU
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