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6 Strathmore L.J. 1 (2022)

handle is hein.journals/strathlj6 and id is 1 raw text is: Judicial Landmarks in Modern Governance:
The Contemporary Constitution in a Common
Law Medium
Jackton B. Ojwang'* and Loise Wangeci**
Abstract: Governance institutions evolve within historically-marked frontiers', but
the judicial sector more so, in view of its sharper normative design. The motions of
courts are shown to rest upon legal principles and patterns that draw cast and
moulding from inputs of scholars and jurists nurtured in the common law tradition,
and their heritage has constantly attended upon the conception and formulation of
the modern codified Constitution, which constantly draws upon the same for its
effectuation. The Constitution, therefore, rests upon the people's sovereign
mandate, and the direct legislative signals, just as it remains predicated upon
regular interpretation and re-definition by the values of the judicial order, largely
evolved under the common law tradition - and thus, dependent upon the
inspirational works of ages, of distinguished jurists in that tradition.
Keywords: Constitutional Law, Common      Law, Judiciary, Constitutional
Interpretation, Legal Doctrine
* LL.B., LL.M., LL.D. at University of Nairobi; Ph.D. at University of Cambridge; Chief of the
Order of the Burning Spear; Fellow of the Kenya National Academy of Sciences; Justice of the
Supreme Court of Kenya.
** LL.B., B.A. at University of Nairobi; LL.M. at Australian National University; Law Clerk, Supreme
Court of Kenya.

STRATHMORE LAW JOURNAL, VOL. 6, ISSUE 1, 20221 PP. 1-45

DOI: 10.52907/slj.v6i1.160