Entering the fray
Listening to constitutional debate on radio I just had to enter the fray!
When a provision or exception is enshrined in a constitution, it is "special".
It can't be amended or toyed around with by ordinary Act of Parliament!
When a constitutional provision donates to Parliament the power to make exceptions to it, then it's a different story!
It can be amended or toyed around with by an ordinary Act of Parliament!
In other words there is a pretty HUGE difference between exceptions expressly enshrined in a constitution (as contained in the present Kenyan Constitution) and those which a constitution leaves to Parliament to decide (as contained in the Proposed New Constitution of Kenya)
Even if (which is not the case) parliament under a proposed new constitution proceeded, on a donated power to enact the exceptions "as is" in the present Kenyan Constitution, such exceptions would only have the status of ordinary legislation easily amended by parliament on a whim.
On the other hand, exceptions expressly enacted in a Constitution are not nearly as easily amended.
So it all comes down to trust!
Are we willing to let Parliament, by simple majority, decide who lives, or would we rather the right to life was not left to the whims of the simple majority of a changing parliament?
