The Oxford dictionary defines constitutionalism as adherence to a constitutional system of government. He goes on to say that this is a political philosophy based on the idea that the authority of government derives from the people and should be limited by a constitution that clearly states what government can and cannot do. African countries are still in transition to democracies and can conduct constitutionalist campaigns to re-educate and realign their leaders and people to understand and obey their laws. The highest obligation of obedience to the law is imposed on leaders because they take an oath to abide by it. As Psalm 119:105 warns, “Your word (constitution/law) is a lamp to my feet, a light on my path. The obedience to the laws of African countries by the leaders will be a lamp to guide these nations in building national cohesion and stability; And it will strengthen national values, promote national image and create a goal for law enforcement. Ultimately, these countries will become stronger socially, politically and economically in a holistic way. Constitutionalism will therefore be the main foundation of the foundation that will bring about the transformation of these countries. The Kenyan judiciary has repeatedly proven that it has become independent despite the hostility of the executive and parliament. I………………….
that I will obey this Constitution of Kenya, that I will preserve, protect and defend this Constitution of Kenya as established by law and all other laws of the Republic; and that I will protect and defend the sovereignty, integrity and dignity of the Kenyan people. (In case of oath – Then help me God.) The basic theoretical argument for this idea, as I argue in my book Unconstitutional Amendments – The Limits of Amendment Powers, is that the power to amend the Constitution is not unlimited. The amending power is a delegated legal power that acts as a trustee of the people and is therefore both explicitly and implicitly limited. First, it is limited by the explicit limitation/eternity clauses provided for in the Constitution. Second, the body that has the power to amend the Constitution in trust cannot use it to destroy the Constitution from which the authority of the body derives in the first place. The power of amendment is the internal method provided by the Constitution for their self-preservation. By destroying the Constitution, the delegated power of amendment thus undermines its own raison d`être. Changing the constitution in a way that would destroy the old one and create a new constitution would be an ultra vires action.
Since each constitution consists of a set of fundamental principles and characteristics that determine the totality of the constitutional order and the “spirit of the constitution” and its identity, the power to amend the constitution cannot be used to destroy these fundamental principles. Changing the core of the constitution would lead to the collapse of the entire constitution and its replacement by another. However, this decision is not left to the delegated bodies, but to the primary constituent power of the people and should be taken through the appropriate channels of democratic participation and consultation at a higher level. (In case of oath – Then help me God.) hivipunde.online/dr-migunas-right-to-go-to-kenya-is-back-on-the-front-pages-thanks-to-ex-cj-dr-willy-mutunga/ me, ……………….. The Constitution, as established by law, and the laws and customs of the Republic, without fear, favouritism, affection, malice, prejudice or political, religious or other influences.