This thesis examines the evolving ideal of popular participation in the context of Kenya's experience in the intertwined areas of political governance and constitution-making. The thesis is primarily motivated by the spirit and intent of the country's constitution-making initiatives which commenced in earnest after the 2007 post-election violence in which about 1,300 precious lives were lost, over 300,000 people displaced and property destroyed. The study adopts a qualitative approach. This method enabled the researcher to view phenomenon in its context, therefore making the enquiry more exhaustive. Unstructured interviews were also conducted with personalities quite conversant with Kenya's democratic trajectory. Key in this thesis is a hermeneutic or textual analysis of the relevant constitutional and legislative materials and court decisions on the same. tn this regard. South Africa's experience on the ideal of popular participation was illuminating in view of its wealth of jurisprudence on popular participation ushered in 1994 by its post-apartheid constitutional order. The aim of the 2010 constitution-making process, underpinned by the Constitution of Kenya Review Act 9 of 2008, was that the people of Kenya would be involved in the making of their own constitution, and also participate in the management of the apparatus of state. The paradigm shift in the country's political and constitutional map was imperative because, since independence from Britain in 1963, Kenyans have experienced deplorable governance characterised by the personification of power by the presidency, dissipation of the doctrine of separation of powers and violation of the rule of law. This scheme was executed through a mutilation, as shown in the study, of the architecture of the L963 Constitution. The new constitutional project was therefore intended to transition Kenya from a representative democracy, which had all the hallmarks of a failed system, to a participative democracy. The thesis therefore demonstrates that Kenya 's dismal governance record cannot be separated from the peoples clamour for constitutional reforms. It is on this basis that the thesis examines the 2010 constitution-making process and key provisions of the Constitution. The aim is to evaluate the extent to which the constitution-making process and the substance of the Constitution, deal with the over-arching ideal of popular participation and this is the central research question of the study. The conclusion derived from a thorough investigation of these cardinal issues in Kenya 's democratisation initiatives is that Kenya's 2010 constitution-making process did not significantly embrace the noble ideal of popular participation. Second, the 2010 Constitution does not substantially and fully incorporate one of the key aims of the review process which is the participation of the people in the management of the affairs of state. Therefore, the hypothesis of this study is that Kenya's 2010 constitutional project does not significantly embrace the ideal of popular participation. In this regard, the main findings of this thesis are that: • The process of the 2010 constitution-making was fundamentally flawed. • The 2010 Constitution lacks legitimacy. • The 2010 Constitution does not significantly espouse the ideal of popular participation in the management of the affairs of state. The thesis therefore makes these key proposals to reform the existing law: • The process of constitution-making should be commenced denovo for the people of Kenya to truly consider themselves the owners of their own Constitution. • Pending the commencement of a fully people-driven constitution-making, and due to the complex nature of constitution-making, the thesis recommends, among others, the enactment of legislation to operationalise certain provisions of the Constitution, in particular. people's involvement in law-making at a national level. Reforms which would enhance transparency and probity in governance should also be adopted, including the enactment of legislation to realise the constitutional right of access to information and the protection of witnesses by an independent agency. • The thesis thus contributes to the profound need of transforming Kenya's constitutional and political trajectory from a representative democracy to one in which the phrase, ''We the people," in the Preamble to the Constitution, would be a reality. It is also hoped that this approach would preserve and enlarge freedom which the great jurist, John Locke, said is the end of the law. In addition, the thesis recommends that the security of tenure of the Attorney-General should be restored as that would enhance any resolve by the Attorney-General to institute civil proceedings for the recovery of public resources lost through impunity and corruption perpetrated by successive regimes. In addition to the foregoing contribution, it is hoped that the thesis makes a modest contribution to the improvement of the spirit and ambition of Kenya's constitutional review project. It is also hoped that the study will provoke debates, further research and development of discourses on the emerging constitutional direction. This would include: • The role and place of "experts," in constitution-making and or review. This is motivated by the role played by the Committee of Experts (CoE), one of the central organs in the 2010 constitutional review process. Research would, probably, investigate whether the CoE exceeded its statutory mandate by partially converting itself into a constituent assembly and therefore an investigation of the legitimacy of anything done ultra vires the Review Act. • Questions on the need and usefulness of the two-chamber legislature under the new Constitution, considering that this new structure is not a bi-cameral legislature. This enquiry would also dwell on whether Kenyans are now "over-represented." • The suitability of ad hoc courts, like Kenya's Interim Independent Constitutional Dispute Resolution Court (IICDRC), in the determination of constitutional review disputes. • The new and powerful role of Parliament viewed against the background of inherent fissures in Kenya's political parties. / Thesis (PhD) North-West University, Mafikeng Campus, 2012

I/D 30 -- Prep -- PREPARATION OF THE NEW CONSTITUTIONS -- SPIRITAN, WHAT DO YOU SAY OF YOURSELF? -- Part I: THE CONGREGATION AND ITS FOUNDERS -- (pg. 4) -- Part II: SPIRITAN LIFE -- (pg. 6) -- Part III: INITIAL AND ONGOING FORMATION -- (pg. 9) -- Part IV: SPIRITAN AUTHORITY AS SERVICE -- (pg. 10) -- Part V: TEMPORAL GOODS -- (pg. 11) -- FINAL QUESTIONS -- (pg. 12)

Thesis (Ph. D.)--University of Wisconsin--Madison, 1933. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Bibliography: leaves [xxxii]-xxxiv.

Thesis (Ph. D.)--Catholic University of America, 1928. / Vita. Bibliography: p. 118-134.

Evoquer les droits de l'homme dans les pays musulmans revient à creuser un sujet particulièrement délicat. Cette description est fondée sur les problèmes que pose l'Islam dans la société internationale d'aujourd'hui ; une religion législatrice et une idéologie accusée d'être à l'arrière-plan des mouvements extrémistes. Dans ces deux faces, Islam et droits de l'homme ne semblent pas faire bon ménage. Pourtant, ce constat est politique et parfois même médiatique. Juridiquement, le chercheur peut aisément remarquer que le confessionnalisme adoptée par les pays se réclamant de l'Islam n'a pas empêché l'émergence et l'évolution d'un mouvement de constitutionnalisation des droits fondamentaux dans les dits pays, comme pourrait le démontrer les exemples saoudien, iranien, pakistanais et soudanais. Le phénomène est organiquement lié aux faits historiques (naissance d'Etat, cession, guerres, crises pétrolières…). Le dissocier alors du phénomène politique serait abusif, en témoigne l'impact de la place qu'occupe chacun de ces pays dans les relations internationales sur ce mouvement. Le deuxième facteur de ce mouvement est juridique, le mouvement du droit interne des pays musulmans reflète leurs engagements sur le plan international. L’impact diffère selon que le pays en question adopte un système dualiste ou moniste. / Mentioning human rights in Muslim countries amounts to deal with a particularly sensitive subject. This description is based on the problems of Islam in international society nowadays: a normative religion and an ideology accused of being in the background of extremist movements in both sides. Islam does not seem to get on well with human rights. However, this observation is political and even media. From a legal point of view, the researcher can easily notice that religious legal system adopted by countries claiming to adhere to Islam has not prevented the emergence and evolution of a movement of constitutional protection of fundamental rights in those countries, as might prove the examples of Saudi Arabia, Iran, Pakistan and Sudan. The phenomenon is essentially linked to historical events (state emergence, transfer of territorial sovereignty, wars, oil crises ...). Then, setting aside the political phenomenon would be abusive, as evidenced by the impact of the place of each of these countries in international relations on the movement. The second factor of this movement is legal; the movement of domestic law in Muslim countries reflects their commitments at the international level. The impact depends on whether the country in question adopts a dualistic or monistic system.

Thesis (Ph. D.)--Royal Melbourne Institute of Technology, 2001. / Typescript (photocopy). Includes bibliographical references.

Strong defines the term “constitution” as a framework according to which a political society is structured, where permanent institutions with specific and pre-determined functions and rights are created, through law. The main functions of a constitution include satisfaction of the demands of citizens of a state that their rights will be protected and that the government power will be limited; guarantee that both the rights and responsibilities of the citizen and of the government are exercised according to fixed stipulations to prevent arbitrary decision-making and actions.2 The constitution also guarantee the political order that develops in a state, and according to which the governing function will take place, is structured and is in the interest of all concerned; and satisfies demands and expectations of separate communities that form a political unit concerned.3 A constitution therefore establishes legality and legitimacy of a political system and government of a state. The constitutional stipulations must be valid and generally acceptable. The political processes must run concordantly with the stipulations to attain its objectives such as improvement of its citizens‟ well being socially and economically through protection of their rights. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr.E.Y. Benneh at the Law Faculty, University of Ghana, Legon. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Thesis (Ph. D.)--University of Fribourg, 1936. / Vita. Includes bibliographical references (p. [160]-180).

Thesis (Ph. D.)--Columbia University, 1931. / Vita. Published also as Teachers college, Columbia university, Contributions to education no. 462. Bibliography: p. 153-157.

Thèse. Sc. pol. et écon. Montpellier. 1920.