Glossary – Public Law Terms

A

Act of County Assembly – A law formally passed by a county assembly.

Act of Parliament – A law formally passed by a national legislature.

Administrative Law – The branch of law that governs how public institutions operate and how they make decisions.

Arbitrary Arrest – Being taken into custody without legal justification or due process.

Asylum – Protection granted by a country to someone fleeing persecution in another country.

Autonomy – The right of a group or region to govern itself independently within a larger political system.

B

Bill of Rights – A written list of basic human rights and freedoms protected by law.

Bicameral Legislature – A law-making body with two chambers, such as a senate and a national assembly.

Binding Decision – A legal ruling or order that must be followed.

Burden of Proof – The responsibility to prove a fact or case in legal proceedings.

C

Checks and Balances – A system where different branches of government can limit each other’s powers to prevent abuse.

Citizenship – Legal status of being a member of a state, with rights and duties.

Civil Liberties – Basic freedoms like freedom of speech, religion and assembly, protected by law.

Commission of Inquiry – An official investigation into a public issue, often led by a government-appointed body.

Conscientious Objection – Refusing to perform an act, like military service, due to moral or religious beliefs.

Constitution – The highest law in a country that sets out how government works and the rights of citizens.

Constitutionalism – The principle that government should operate according to a written or unwritten constitution.

Customary International Law – Legal rules that are accepted as binding based on consistent international practice.

D

Devolution – The transfer of power from central government to regional or local authorities, in our case, from the national government to county governments.

Dictatorship – A government controlled by one person or a small group with absolute power.

Diplomatic Immunity – Legal protection for diplomats from being prosecuted under the host country’s laws.

Due Process – Fair treatment under the law, including the right to be heard and to defend oneself.

E

Equality Before the Law – The idea that everyone is treated the same under the law.

Extradition – Sending someone accused or convicted of a crime to another country for trial or punishment.

F

Fundamental Rights – Core rights guaranteed to all individuals, often protected in the constitution.

Freedom of the Press – The right of media organisations to report news without censorship or restraint.

G

Good Governance – Transparent, accountable and inclusive management of public resources and affairs.

Government Accountability – The duty of government officials to explain and justify their actions to the public.

Governance – The processes and institutions through which decisions are made and authority is exercised.

H

Habeas Corpus – A legal order to bring a detained person before a court to determine if their detention is lawful.

Human Dignity – The belief that every person deserves respect and ethical treatment.

Human Rights – Basic rights and freedoms to which all people are entitled.

Humanitarian Law – A branch of international law that protects people during armed conflict.

I

Impeachment – The process of charging a public official with misconduct, which may lead to removal from office.

Impartiality – Acting without bias or favouritism, especially in legal and administrative decisions.

Indigenous Rights – The rights of native peoples to preserve their culture, land and traditions.

Indivisibility of Rights – The idea that all human rights are equally important and must be protected together.

International Criminal Court (ICC) – A court that tries individuals for war crimes, crimes against humanity and genocide.

International Human Rights Law – A set of laws that protect the rights and dignity of individuals worldwide.

International Humanitarian Law – Rules governing the conduct of war and protection of civilians during conflict.

Inter-Governmental Organisation (IGO) – A group made up of different countries that work together on shared goals (for example, UN and EAC).

Inviolability – A principle that something (like diplomatic premises or human rights) must not be violated.

J

Judicial Independence – The principle that judges should be free from outside influence when making decisions.

Judicial Review – The power of courts to decide whether laws or government actions are constitutional.

Jurisdiction – A court’s authority to hear a particular case.

Jurisprudence – The study or philosophy of law; sometimes refers to past decisions by courts.

L

Law of the Sea – International rules about how countries can use oceans, seas and marine resources.

Legitimacy – The general acceptance and recognition of a government’s authority.

Legislature – The branch of government that makes laws.

Litigation – The process of resolving disputes through the court system.

M

Majority Rule – A principle where decisions are made based on what most people want.

Mandate – The authority given to a person or group to act on behalf of others.

Marginalised Groups – People who are excluded from full participation in society.

Martial Law – Rule by the military in place of the normal government, usually during emergencies.

N

Natural Justice – Basic rules of fairness in legal and administrative decision-making.

Non-Refoulement – A principle of international law that forbids sending refugees back to places where they may face danger.

Null and Void – Something that has no legal effect.

O

Ombudsman – An independent official who investigates complaints against public authorities.

Open Government – A system where government actions are transparent and accessible to the public.

P

Parliamentary Democracy – A system of government where the executive is drawn from and accountable to parliament.

Power of Mercy – The authority, usually given to a president or head of state, to pardon, commute or reduce the sentence of someone convicted of a crime. It is used to show compassion or correct a miscarriage of justice.

Presumption of Innocence – The idea that a person is innocent until proven guilty.

Proportionality – A legal principle that government actions should not go beyond what is necessary.

Public Interest Litigation – Legal action taken to protect the interests of the public or a vulnerable group.

Public Participation – The right of people to be involved in political and public decisions.

Q

Quasi-Judicial – A body or official with powers similar to a court, but not part of the formal judiciary.

Qualified Immunity – Protection given to certain public officials from lawsuits unless they clearly violated established law.

R

Ratification – The process by which a country formally approves an international treaty.

Refugee – A person who has fled their country due to war, persecution or violence.

Rule of Law – The principle that everyone, including the government, must follow the law.

S

Sanction – A penalty imposed to enforce laws or international norms.

Separation of Powers – Dividing government into branches (legislative, executive, judiciary) to prevent abuse of power.

Sovereignty – The full right of a country to govern itself without outside interference.

Stateless Person – Someone who is not considered a citizen by any country.

Substantive Justice – Justice based on fair outcomes, not just procedures.

T

Treaty – A formal agreement between countries that is legally binding under international law.

Transparency – Openness in government decision-making and access to public information.

Transitional Justice – Legal and non-legal measures to address past human rights violations during transitions from conflict or dictatorship.

U

Universal Jurisdiction – The idea that some crimes are so serious that they can be tried anywhere, regardless of where they occurred.

Universal Suffrage – The right of all adult citizens to vote, regardless of gender, race or status.

Unlawful Detention – Keeping someone in custody without legal justification.

V

Violation – Breaking or disregarding a legal rule, especially human rights.

Veto Power – The right to reject a decision or proposal, commonly used in international bodies like the UN Security Council.

W

War Crimes – Serious violations of the laws of war, such as targeting civilians or mistreating prisoners.

Whistleblower – A person who reports illegal or unethical conduct within an organisation.