Constitutionalism

Constitutionalism is a body of theory which prescribes what the

constitution must do. The

judiciary works to solve disputes between parties and the disputes may

come either as

criminal cases or civil cases. The judiciary works as the over-site to

the executive and the

legislature. It gives orders to parties in disputes found wrong in

order to represent

communities basic values.

The judiciary is set up in a form of a hierarchy of courts and it is

within these courts that

the judiciary exercises its authority. The hierarchy starts with the

Constitutional Court,

which is the court of final instance in relation to constitutional

matters. The Supreme

Court Of Appeal which functions as the appellate court in respect of

non-constitutional

matters and matters involving the developing of the common law. It

also has jurisdiction

to hear and decide constitutional cases but deals with appeals only.

The High Courts have

jurisdiction over constitutional cases except matters exclusive within

the jurisdiction of

Constitutional Courts. This is also respective to the High Courts and

Supreme Court of

Appeals in non-constitutional matters. The Magistrates Courts may

decide any matter

determined by an Act of Parliament but may not enquire into or rule on

the

constitutionality of any legislation or conduct of the President.

The judiciary has five primary sources of law in which to help for it

to arrive to its

rulings. Given by order of significance, there is the constitution,

legislation, judicial

precedent, common law and custom. Judicial precedent, is the courts

judgements in

current cases, from information of past cases with the same legal

values, and the ruling is

known to be binding as law. So the judiciary not only interprets the

law but also at times

extends it, such as common law.

The judiciary interprets the law and commits itself to checking

whether laws are

consistent with the constitution or the constitution does not conflict