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Sample Examination for postgraduate students

LAW AND GOVERNANCE IN THE DEVELOPING WORLD

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Time Allowed: THREE hours.

The marks for this paper constitute 60% of the total marks for this course.

Answer THREE questions.

1. “The search for autochthony involves not only the rejection of external (specifically western) institutions and constitutional devices, but, more emphatically, the abandonment
of the classical notion that the purposes of constitutions are to limit and control state power, not to facilitate it.” (OkothOgendo)

Discuss.

2. Discuss the judicialisation of governance with particular reference to developing countries.

3. “Maintaining integrity in the public service is the key to combating corruption in developing countries. Yet, in practice, how to achieve this goal remains problematic.” Buy
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Discuss.

4. Answer EITHER

(a) OR (b).

(a) “Constitution making processes are potentially ...
... divisive and conflictual.” (Ghai)

Discuss.

OR

(b) “Making a constitution includes not just what happens at the Constituent Assembly, but all the meetings around the country, including in the villages, wherepeople discuss
what sort of constitution they want.” (Ghai)

Discuss.

5. To what extent has the UN Commission on Legal Empowerment of the Poor transformed our understanding of access to justice?

6. Utopia, a developing country, has just emerged from a civil war. All sides to the conflictagree that a new constitution must be drawn up. Yet, it is also clear that Utopia will need flexible constitutional arrangements in order to accommodate the social, economic and political changes that post-war reconstruction will bring about. Advise the Utopian Constituent Assembly how they might go about designing their constitutional amendment procedures. Buy essay papers from us.

7. Answer EITHER

(a) OR (b).

(a) “So long as the necessary expertise is readily available, surely the crucial issue is not what the ombudsman is but who he or she is.” (Hatchard)

Discuss.

OR

(b) To what extent can, or should, legal procedures take the politics out of appointing and removing judges?

8. “Affirmative action programmes inevitably deploy non-legal arguments, policy and economic arguments chief among them.”
Discuss.

9. “Developing countries will be well served if effective steps are taken to combat the bribery of foreign public officials. Sadly there is little evidence that such steps are being taken.”

Discuss.

10. “Legislatures have long lost their political supremacy, and are about to lose their constitutional relevance altogether.” Buy essay papers from us.We are a premier essay writing service.

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