Title: Justice under Siege: The Rule of Law and Judicial Subservience in Kenya
Abstract: Constitutionalism and the rule of law are the central features of any political democracy that respects human rights. An independent judiciary, the essential guardian of the rule of law, is the linchpin of the scheme of checks and balances through which the separation of powers is assured. 1 Otherwise, there is no other guarantee that the executive--the "government"--will respect the rule of law and act within established legal norms, [End Page 96] processes, and institutions. The constitution is thus not merely hortatory but the fundamental and supreme law of the land, the real and living document that guides, defines, and permits all actions by the state. No individual or official of the state is above the law or can act in defiance of constitutional prescriptions. This is what separates democratic states from undemocratic ones. It is the difference between tyranny and freedom.