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Equality in Kenya s 2010 Constitution Understanding the Competing and Interrelated Conceptions 1st Edition by Victoria Miyandazi ISBN 1509941207 9781509941216

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Equality in Kenya s 2010 Constitution Understanding the Competing and Interrelated Conceptions 1st Edition Victoria Miyandazi Digital Instant Download

Author(s): Victoria Miyandazi
ISBN(s): 9781509941216, 1509941207
Edition: 1
File Details: PDF, 17.93 MB
Year: 2021
Language: english
SKU: EB-50233624 Category: Tag:

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ISBN 10: 1509941207 
ISBN 13: 9781509941216
Author: Victoria Miyandazi

This book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash, or are interrelated. It also sets out principled approaches on how they can be coherently interpreted to address the myriad inequalities in Kenya. Taking a comparative approach, the book considers how other jurisdictions including the United States, United Kingdom, Canada, South Africa, India and Botswana have approached the conceptualisation, interpretation and application of various equality concepts. The book focuses on important issues such as: – transformative constitutionalism in relation to the interpretation of Kenya’s 2010 Constitution; – expanding the list of enumerated grounds for non-discrimination; – affirmative action; – accommodating religious and cultural diversity versus gender equality; – the interrelation between socio-economic rights and status-based equality.

Equality in Kenya s 2010 Constitution Understanding the Competing and Interrelated Conceptions 1st Table of contents:

1. Introduction
2. Interpretation of Kenya’s 2010 Constitution
I. The Transformative Nature of Kenya’s 2010 Constitution and its Effect on Constitutional Interpret
II. Constitutional Interpretation under the Previous Kenyan Constitution
III. Interpretation of Kenya’s 2010 Constitution
IV. Conclusion
3. Multiple and Competing Conceptions of Equality
I. Historical Overview of Inequalities and Discrimination in Kenya
II. What Understandings of Equality are Encapsulated in Article 27 and Related Provisions of the Con
III. To What Extent Does the Constitution’s Equality Guarantee Advance Transformative Constitutional
IV. Conflicting Interpretations of Equality in Recent Case Law
V. Conclusion
4. Grounds for Non-discrimination
I. Laying the Background
II. The 2010 Constitution’s Inclusion of a Non-exhaustive List of Grounds and the Court’s Role in Ex
III. What Considerations are or Should be Taken into Account in Expanding the List of Grounds for No
IV. Do Kenyan Courts in Current Cases Apply the Identified Requisites When Considering Unenumerated
V. What Do the Principles Unifying the List of Grounds Reveal About the Underlying Approach to Equal
VI. Conclusion
5. Conceptualisation and Application of Affirmative Action
I. Affirmative Action Measures in the Kenyan Constitution
II. Aims of Affirmative Action as Evident from Constitutional Provisions
III. Determining the Beneficiaries – Principle of Genuine Need
IV. Are Affirmative Action Measures Mandatory and Immediate or Should They be Progressively Realised
V. Role of Courts and Judicial Scrutiny in Affirmative Action Cases
VI. Conclusion
6. Competing Equalities: Religion, Culture and Gender Equality
I. Culture, Religion and Gender Equality in the 2010 Constitution
II. Key Rationales for the Right to Culture and Religion Analysed Through the Lens of Harmful Practi
III. Proposed Approaches to Balancing between Gender Equality and Accommodating the Right to Culture
IV. Exemption of Islamic Personal Law from the Automatic Application of Equality Provisions in the B
V. Conclusion
7. The Interrelationship between Socio-economic Rights and Status-based Equality
I. Interrelationship between Socio-economic Rights and Status-based Equality in the Kenyan Constitut
II. Establishing the Analytical Framework for Linking Socio-economic Rights (Redistributive) and Sta
III. Applying the Analytical Framework to Kenya
IV. Pulling it All Together
V. Conclusion
8. Interrelationship between Socio-economic Rights and Status-based Equality in Current Kenyan Juris
I. Access-to-justice Challenges that Warrant an Equality-sensitive Approach to Socio-economic Rights
II. Prioritisation of Socio-economic Needs of Vulnerable Groups
III. Desirability of an Equality-sensitive Approach in Setting Standards of Review for Assessing Soc

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Tags: Victoria Miyandazi, Kenya, Interrelated Conceptions