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  • Essay / Analysis of Legal Procedure Theory - 2401

    THEORETICAL FRAMEWORK2.1 IntroductionThis chapter will cover the jurisprudential basis of the research. This chapter will examine the historical approach to provide an understanding of the history of the concept of bicameralism in Kenya and the challenges it presents. With this approach, emphasis will be placed on the old bicameralism in developed democracies. The chapter will also connect the theory of representation to the concept of bicameralism and facilitate understanding of the rationale for bicameralism in Kenya and the need for complementarity in law making. Representation theory argues that bicameralism is intended for the representation of different sets of interests. According to the theory, one chamber is composed of popularly elected members directly representing citizens while the other chamber with a different representation base gives voice to the interests of social classes, economic interests or territorial diversity. The chapter will discuss the legislation in more detail. Due process theory that outlines the connections between deliberation in the legislative process and legislative procedure. It considers the need to minimize the operation of the theory of due legislative procedure and to avoid the involvement of judges in the legislative process. Research on this aspect shows that intercameral legislative deliberations, when necessary, can delay judicial intervention and the case of the Income Distribution Bill 2013 (now an Act) is analyzed in the context of the theory of due legislative procedure.2.2 The historical approach The ideas behind bicameralism date back to theories developed in ancient Greece and Rome, although recognizable bicameral institutions first appeared in medieval Europe. .... middle of article ......the roles of either chamber or the absence of constitutional mechanisms to resolve the legislative impasse but rather a lack of constitutional culture. The recent intercameral conflict is therefore a grim reminder of the challenges presented by the bicameral model. The Constitution effectively anticipated legislative impasses and jurisdictional conflicts and provides constitutional mechanisms to resolve these conflicts. The Constitution provides for a mediation committee of equal numbers appointed by the two speakers of the bicameral parliament to break the legislative deadlock and if the mediation committee fails to reach an agreement, such legislation is considered rejected. The constitution further protects the bicameral system by granting each house a right to amend or review ordinary and special legislation relating to county governments emanating from either house. .