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http://ir.mu.ac.ke:8080/jspui/handle/123456789/6752
Title: | Human Rights and Covid-19 (Corona Virus) in Kenya: Is the Law Silent? |
Authors: | Nyawa, Joshua Malidzo |
Keywords: | Covid-19 Human right |
Issue Date: | Jan-2020 |
Abstract: | Michael Paulsen in his ‘the Constitution of necessity’1 argued that we ought to interpret/ construe the constitution in a manner that would avoid a "constitutional implosion." By this, he meant that the law of self-preservation (the duty of the president/executive to prioritize the preservation of the nation at the expense of a constitutional provision) must always take precedence even if it meant suspending the constitution. Further, that every constitution must contain a self-preservation exemption i.e. a rule of necessity which will allow a violation of the rights. To him, a constitution that lacks such a provision, he calls it a ‘suicide pact’. Saikrishna Prakash in his ‘The Constitution as Suicide Pact’ summarizes Paulsen’s argument by asking a question |
URI: | http://ir.mu.ac.ke:8080/jspui/handle/123456789/6752 |
Appears in Collections: | School of Law |
Files in This Item:
File | Description | Size | Format | |
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HUMANRIGHTSANDCOVID19 (1).pdf | 905.38 kB | Adobe PDF | View/Open |
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