• Discuss the steps you would follow to conduct doctrinal legal research using the legal materials given.

    You are a research assistant at the Kenya National Commission on Human Rights and you are part of a team conducting legal research. You have been provided with the following materials: The Hansard, The Constitution of Kenya, the Human Rights Law Review, the Universal Declaration of Human Rights and the African Human Rights Law Journal. Discuss the steps you would follow to conduct doctrinal legal research using the above legal materials.

Answer

  • 1. Define the Research Objectives.

    Identify the legal issue in and clearly define the objectives of research project.

    2. Familiarize Yourself with the Legal Materials

    Review all the provided materials, including The Hansard, The Constitution of Kenya, the Human Rights Law Review, the Universal Declaration of Human Rights, and the African Human Rights Law Journal. Read them carefully and understand their content and relevance to the research.

    3. Identify Key Legal Provisions in The Constitution
    Check all the relevant articles and sections of the Kenyan Constitution which are are applicable to the research issue. Pay key attention to Bill of Rights (Chapter 4) of the constitution as it has the fundamental human rights provisions.

    4. Analyze Constitutional Interpretation
    Analyze how the Supreme Court and the Court of Appeal, have interpreted the relevant constitutional provisions. Scrutinize judgments that have shaped the interpretation and application of human rights in Kenya.

    5. Review Secondary Sources
    Review the Human Rights Law Review and the African Human Rights Law Journal.

    6. Study the Universal Declaration of Human Rights and other international human rights instruments ratified by Kenya and identify the provisions relevant to the research topic.

    7. Analyze The Hansard
    Check the relevant debates and discussions from The Hansard related to the issue being researched.

    8. Organize and Analyze Information.
    Organize information gathered from the legal materials. Analyze the legal provisions, case law, articles and debates to identify relevant patterns, trends, and key arguments related to the research topic.

    9. Conclusions and Recommendations
    Draw conclusions regarding to the research topic and provide recommendations based on the findings.

    10. Cite Sources: Properly document and cite all sources used in the research, including legal materials, case law, secondary sources and parliamentary debates. Use proper citation styles.

      

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