Judicial Landmarks in Modern Governance: The Contemporary Constitution in a Common Law Medium





Constitutional Law, Common Law, Judiciary, Constitutional Interpretation, Legal Doctrine


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.


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Author Biographies

Jackton B. Ojwang, Supreme Court (Nairobi, Kenya)

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

Loise Wangeci, Supreme Court of Kenya

LL.B., B.A. at University of Nairobi; LL.M. at Australian National University; Law Clerk, Supreme Court of Kenya


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How to Cite

Ojwang, J. B., & Wangeci, L. (2022). Judicial Landmarks in Modern Governance: The Contemporary Constitution in a Common Law Medium. Strathmore Law Journal, 6(1), 1–45. https://doi.org/10.52907/slj.v6i1.160