Reference no: EM132939800
1. Morality is the sense of judgement between right and wrong by reference to certain standards developed by society over time which is compared to the rules of law, which are binding, enforceable and have sanctions in all cases. Therefore, what's the relation between of morality to law?
2. There are various types of law evidenced in Kenya such as statute law which is a principal source of law applicable throughout Kenya. It must be consistent with the constitution. Therefore, what's the advantages of statute law?
3. Delegated legislation is described as a "necessary evil" or a constitutional impropriety". This is because it interferes with the doctrine of separation of powers which provides that the lawmaking is a function of the legislature. List the disadvantages of delegated legislation.
4. Common law is mostly known as a branch of law of England which was developed by the ancient common law courts from customs, usages and practice of the English people and it has two main characteristics. Therefore, state some shortcomings of common law.
5. African customary law is the law based on the customs of the ethnic groups which constitute Kenya's indigenous or Africa population. Furthermore, for a custom to be relied upon as law, it must have certain characteristics. state those characteristics.
6. Judicial precedent is a legal rule that inquires a judge hearing a case to refer to earlier cases decided by his predecessors in order to find out if the material facts of any of those cases before him. With that describe various types of precedents.
7. According to the various types of precedents, they should be binding by the court or not depending on the situation they are faced with. With so, highlight certain circumstances under which a court may refrain from a binding precedent.
8. Administrative functions are concerned with the means by which the powers and duties of the various public agencies, public bodies and public institutes can be controlled. In addition to so, describe the classification of various administrative functions.
9. The order of prohibition is one issued by the high court which prohibits a body (administrative bodies) from continuing proceedings and also a body from continuing to carry out wrongful decisions. List when prohibition order may be issued against.
10. Jurisdiction means the scope or area in which a body is allowed to act it includes territorial limits and jurisdictional error is an administrative agency that has acted without jurisdiction or have acted within jurisdiction but have gone beyond their limits. Explain the circumstances in which it occurs.