TOPIC: CONSTITUTION

CONTENT:

• Definition, Sources and Features of Constitution

Definition: A constitution may be defined as a whole body of fundamental laws, customs, conventions,
principles, rules and regulations according to which a particular government of a country or an
organization is governed. The constitution therefore specifies the work and functions of a government
or organization, the functions of its officials, the rights and duties of its citizens or members.

SOURCES OF CONSTITUTION

The following are the sources of any given constitution.

1.• Past experiences: The historical, social, economic, geographical and historical experiences of a
country serve as a major source of its constitution.

2• Acts of Parliament: These are bills passed into law in the parliament. They also form parts of the
constitution.

3• Decrees: These are laws made by military government in many countries.

4• Judicial precedence: These are previous and important judgments made or passed in higher courts
like Supreme Court.

5• Customs and Norms: These are practices and observances that are not written down as part of the
constitution but are accepted as part of the way the government functions.

6• Conventions: These are precepts or rules and guides for behaviour that are not written down with
which the people show their disapproval when violated.

7• Constitutional Conferences: Such hald,

8.Constitutional Conferences: Such constitutional conference that were held in London and West Africa
before granting independence to Ghana, Nigeria, Sierra-Leone and the Gambia.

9.• International Laws: These are laws that are made by international organizations like UNO
International Civil Aviation Convention. All serves as sources of constitution.

10• History of the People: Historical documents such as treaties, the Magna Carta 1215, Bill of Rights
1689 in Britain serve as the sources of their constitution.

11• Intellectual Works: Works of intellectuals such as Locke, Marx, Hobbes, Dicey and others are used
for drafting of constitution.

EVALUATION QUESTION
• Define constitution

• Mention 6 sources of constitution.

FEATURES OF THE CONSTITUTION

• The Preamble: The constitution has a preamble or an introduction which states the ideological stand
of the constitution.

• The Political Structure: It states the structure of government, whether unitary or federal and at the
same time defines the division of powers among the component units of the state.

• The constitution names the organs of government and specifies their functions and relations to one
another.

• It maintains political stability by specifying the mode of changing the government peacefully.

• It stipulates the rights and duties of citizens.

• It protects the rights and liberties of individuals in a country.

• The constitution states how long a government can stay in office.

TOPIC: TYPES OF CONSTITUTION

CONTENT

Written, Unwritten, Rigid, Flexible, Unitary, Federal and Confederal Constitution with Merits and
Demerits of Each Type

A. WRITTEN CONSTITUTION

A written constitution: This refers to a constitution that is written down. The whole body of fundamental
laws, customs, conventions, principles, rules and regulations according to which a particular government
of a country is governed, are written and codified in a single documented. Examples of countries with a
written constitution are Nigeria, USA, India, France, Canada, Sierra Leone, Gambia etc.

FEATURES OF WRITTEN CONSTITUTION

• It is written down in a single document

• A written constitution has a preamble.

• It stipulates the method and conditions of its amendment and change.

• A written constitution looks very simple because it can be obtained in a single document.

• It spells out the fundamental human rights and duties of a citizen of a country.
• A written constitution is usually rigid.

ADVANTAGES

• A written constitution can be obtained and consulted as a single document

• It has easy reference in case of dispute

• Both lawyers and laymen can get hold of it and read it in order to know their duties and rights.

DISADVANTAGES

• Most written constitutions are rigid and therefore they create problems of amendments.

• It may lead to constant disaffection if it does not favour some sections of the country.

• Unless a written constitution is frequently amended, it will not meet both the present and the future
needs.

UNWRITTEN CONSTITUTION

An unwritten constitution refers to when the whole body of fundamental laws, customs, conventions,
rules, and regulations according to which a particular government of a country operates are not written
down or codified in a single document.

Examples of countries with unwritten constitution are Britain and New Zealand. Some part of unwritten
constitution may be written down while some may not.

ADVANTAGES

• Unwritten constitution has a high degree of flexibility which can easily adapt to a country's changing
socio-political and economic situation.

• An unwritten constitution makes for easy and quick decisions.

• It does not pose problems for amendment.

Disadvantages

• It does not create room for individuals to know their duties and rights.

• It encourages violation of citizen's rights.

• It does not suit a federal system of government.

• It does no encourage stability especially in big countries.

EVALUATION QUESTION
• Define written constitution.

• Mention 5 advantages of a written constitution

RIGID CONSTITUTION

A rigid constitution may be defined as that constitution which cannot be amended or changed so easily
because of its special stringent and cumbersome procedure of amendment. Rigid constitutions are
normally written constitutions but not all written constitutions are rigid. Not all sections of a rigid
constitution are difficult to amend.

Examples of countries with a rigid constitution are USA, Australia, France, Nigeria, Sierra Leone, Gambia
etc.

ADVANTAGES OF RIGID CONSTITUTION

• A rigid constitution is difficult to amend or change and this prevents hasty actions.

• It prevents dictatorial leaders from amending the constitution to serve their dictatorial interest.

• It protects the interest of the minority groups.

DISADVANTAGES

• It creates room for revolution or civil war which brings about its violent change or amendment.

• It will be very expensive, energy and time consuming in conducting referendum for the changing or
amending.

• The amendment of rigid constitution may lead to slow economic growth and development.

FLEXIBLE CONSTITUTION

A flexible constitution may be defined as the constitution which can be amended or changed so easily
without stringent and cumbersome procedures. It requires simple majority for a flexible constitution to
be amended. Some flexible constitutions are written, while others are unwritten. Britain, Italy New
Zealand, Ghana are good examples of countries that have flexible constitution.

ADVANTAGES OF FLEXIBLE CONSTITUTION

• A flexible constitution is easy to amend.

• It is flexible and allows for quick action to be taken in time of emergency.

• It does not encourage revolution or civil wars since its flexibility does not make for violent change or
amendment.

• Its amendment is not expensive, time or energy consuming.

• Old constitutional rules can be easily replaced with new ones.

DISADVANTAGES

A flexible constitution can be amended in a hasty and thoughtless manner because it is easy to amend.

• It encourages dictatorship because; leaders with dictatorial tendencies can easily amend it to suit their
dictatorial whims and caprices.

• It does not ensure political stability because one section of the country can easily amend it to its
favour.

FEDERAL CONSTITUTION

CONTENT

A federal constitution refers to the one in which governmental powers that exists in the country are
shared between a central government that represents whole country and government of component
states so that each government is legally and constitutionally Independent. A country that adopts this
type of constitution is known as a federal system of government. Examples of countries with federal
constitution are USA, Nigeria, Federal Republic of Germany, Brazil, Switzerland, Australia, India etc.

FEATURES OF A FEDERAL CONSTITUTION

• Division of governmental powers among the central government and the component states

• It guarantees the supremacy of the constitution.

REASONS FOR THE ADOPTION OF A FEDERAL CONSTITUTION

• It is useful in a multi ethnic nation

• It is used to take care of linguistic differences

• It is used to form a federation in order to unite different groups.

• It is used to form a common central government that will guarantee a strong security.

• It is adopted to maintain political stability

• It is adopted in order to take care of large population

ADVANTAGES OF A FEDERAL CONSTITUTION

• It unites people of different political ,social and geographical areas together

• It maintains the independence of the judiciary.

• It prevents monopoly of power in a country

• It protects the interest of the minority groups.

DISADVANTAGES OF A FEDERAL CONSTITUTION

• It emphasizes the differences among the different ethnic groups in a country

• It creates a weak central government.

• Duplication of powers leads to increase in expenditure.

• It increases sectional consciousness.

UNITARY CONSTITUTION

CONTENT

A unitary constitution refers to one that concentrates authority in a single central government. It does
not share governmental powers with any other subordinate government. Examples of counties with
unitary constitution are Britain, Belgium, Zealand, Sweden, Sierra Leone, Gambia, etc.

ADVANTAGES OF UNITARY CONSTITUTION

• It is flexible and therefore easy to amend

• Its flexibility allows for quick decision and action to be taken.

• It adapts easily to the changing conditions in a country.

DISADVANTAGES OF UNITARY CONSTITUTION

• It narrows the scope of political participation.

• There is little or no room for local autonomy on customary issues.

• It can lead to the emergence of a dictator.

• It may not tolerate interest groups.

EVALUATION

1.write shote note on confederal constitution

WEEK FOUR

TOPIC: CONSTITUTIONALISM
CONTENT

Meaning.

Purposes.

Relationship between Constitution and Constitutionalism.

MEANING OF CONSTITUTIONALISM

Constitutionalism means the rule of government according to the provision of the constitution; which
checks despotic tendencies. It means that the power of government should be defined and limited by
the dictates of the body of fundamental laws known as the constitution.

PURPOSES/IMPORTANCE OF CONSTITUTIONALISM

1.Equality before the Law: It stresses the fact that no body is above the law irrespective of the person’s
position or wealth.

2.Limitation in the Exercise of Functions: This implies that the activities of those who govern should not
be absolute. There are constitutional limitations in the exercise of their functions.

3.Fundamental Human Rights: Constitutionalism enhances the protection of the citizen’s fundamental
human rights.

3.Popular Sovereignty: Constitutionalism promotes the right of every adult to vote and be voted for at
any political elections.

4. Independence: Constitutionalism implies that only the constitutional courts can enforce the people’s
rights like high courts, appeal courts and the supreme courts.

RELATIONSHIP BETWEEN CONSTITUTION AND CONSTITUTIONALISM

The principle of constitutionalism is not constitution itself .Constitution is a body of laws, rules,
regulations and principles dealing with how a state will be governed. It defines the structure and
functions of various organs of government. Constitutionalism on the other hand, emphasises that
government and its officials should act in line with the provisions of the constitution. It limits
government and individual actions and activities according to constitutional restraint

GENERAL EVALUATION/REVISION QUESTIONS

1.What is the relationship between constitution and constitutionalism?

2.State 4 importance of constitutionalism.

3.List the types of constitution.

4.What is a written constitution?

5.Give 5 features of a written constitution.

DATE-

Basic principles of Government

TOPIC: THE RULE OF LAW

CONTENT

1. Definition and Principles.

2. Limitations to Its Application and Factors that Ensures Its Operation.

DEFINITION OF THE RULE OF LAW

The rule of law may be defined as the absolute supremacy or predominance of the law over everybody,
both the rich and the poor, rulers and the ruled and all decisions taken in a country. According to
Professor A.V. Dicey, those entrusted with the administration of the country should rule or exercise their
authority in accordance with the established laws of the land and such established laws should be
regarded as supreme.

THE MAIN PRINCIPLES OF THE RULE OF LAW

Professor A.V. Dicey propounded the following three tenants or features of the rule of law

• Equality Before the Law: In Dicey's view, all men are equal before the law of the land. No man is above
the law.

• Impartiality: This principle assumes the notion of legality which means due process of law in dealing
with offenders.

• The Rights of the Individuals: This principle states that citizens of a country should enjoy certain basic
inalienable rights and liberties under the law, violation of which they have the right te seek redress in
the law court.

OTHER PRINCIPLES ARE

• Law and order should be maintained in the society.

• To avoid break down of law and order and a violation of laws and for these laws to be enforced,
certain agencies must be set up.

• There should be no government influence or censorship of the press.

• There must be legal limitations of the action of the government.

• Laws should not be made to have retrospective effects or be back-dated.

• Those found guilty of offences by courts of law should be given the opportunity to appeal against the
judgment in higher courts.

• Punishment meant for an offender must agree with the offence he committed as laid down by the law.

EVALUATION QUESTIONS

1. What is the rule of law?

2. State the three main principles of the rule of law.

FACTORS THAT LIMIT THE APPLICATION OF THE RULE OF LAW

• The state of emergency: Citizens of a country may be denied some of their fundamental human rights
when a state of emergency or curfew is declared in a country.

• The type of government adopted in a country: For instance military rule and one party system of
government can limit the rights of citizens.

• Partial judiciary or independence of the judiciary is also a limitation to the rule of law.

• Poverty, illiteracy and ignorance can make men not to know their rights and fight for it.

• Diplomatic Immunity: Governors or presidents cannot be tried while in office. Ambassadors cannot be
sued and prosecuted in the country where they are serving rather they can be repatriated.

• Parliamentary Immunity: Members of the parliament are free from prosecution

• Police brutality: In most societies, the fear of police is the beginning of wisdom. Most police brutalize
citizens during arrest and as such deny them their rights.

FACTORS THAT CAN ENSURE THE SUCCESSFUL OPERATION OF THE RULE OF LAW

• There should be public trial of an accused person not secret trial.

• The press must be free not gagged.

• Democratic political system in a country facilitates the rule of law.

• The judiciary must be independent and Impartial.

• Citizens should be granted the right to appeal against any judgment they feel they do not like.

• There should be no delay justice as this in turn will lead to justice denied.
• Accused person should have access to lawyers to defend them and such lawyers should have access to
all relevant documents or files and information concerning their clients.

DATE

TOPIC: THE THEORY OF SEPARATION OF POWER

CONTENT

• Meaning, Merits and Demerit.

• Its Operation in Presidential and Parliamentary System of Government.

• Checks and Balances: Meaning, Merits and Demerits.

MEANING OF SEPARATION OF POWER

Separation of power can be defined as the division of governmental political powers that exists in any
given state into the three organs of government. What this theory is saying is that all the amount of
governmental political powers that exist in a given state should no be vested in one person or one organ
of government. The theory goes further to state that if these powers are divided into the three organs of
government i.e. the legislature, executive and the judiciary, that the chances of dictatorship or tyranny
will be reduced.

It was a French political thinker and jurist Baron de Montesquieu who developed and popularized the
principle of separation of powers in his book entitled Espirit Des Lois which means The Spirit of Laws
published in 1748. Political scientist like John Locke, Jefferson Rousseau, Jean Bodin, Plato and Aristotle
had earlier expressed their views on the principle of separation of powers.

ADVANTAGES OF SEPARATION OF POWERS

• Separation of powers guarantees and maintains the right, liberty and freedom of the citizens.

• Powers are separated among the organs of government in order to avoid chaos violence, dictatorship
tyranny and oppression in a country.

• Separation of powers leads to division of labour and specialization in the art of governance.

• Another advantage of separation of powers is that it results in one organ of government checking the
activities of other organs. This process in government is known as check and balances.

• Separation of powers without unnecessary interference makes it easy for smooth running of
government.

• Separation of powers maintains law and order which ensure rapid progress and economic and political
development.

• It brings about efficiency and orderliness in the administration of a country.

• Separation of powers prevents excesses and recklessness on the part of the organs of government.

DISADVANTAGES OF SEPARATION OF POWERS

• It is argued that separation of powers into three arms of government tends to lower the quality of
decision and policies made by these organs.

• Strict application of the principles of separation of powers slows down the smooth running of
government.

• Separation of powers without interferences from other organs may make these organs to be
inefficient.

• The institution of checks and balances that apply with the separation of powers can lead to political
instability in the country.

• The application of the principle of checks and balances may lead to unhealthy rivalry among the
organs of government.

SEPARATION OF POWERS IN THE CABINET/PARLIAMENTARY SYSTEM OF GOVERNMENT

• There is fusion of powers rather than separation of powers between the executive and the legislature
in the parliamentary system.

• Ministers in this system belong to both the executive and legislative organs of government.

• The executive organ of government tends to have full control of the legislative organ and even the
judiciary.

• The head of the judicial organ in Britain that practices the cabinet system is also a member of other
two organs i.e. the executive and the legislative.

• The executive is collectively responsible to the parliament for its actions.

SEPARATION OF POWERS IN THE PRESIDENTIAL SYSTEM OF GOVERNMENT

• There is no fusion between the executive and the legislature in the presidential system of government.

• Ministers do not belong to both organs- any legislator appointed a minister must resign as a member
of the legislature in which he was selected.

• The legislature and the judiciary are not controlled by the executive.

• The parliament cannot be dissolved by the president unless its tenure is complete.

• The president can only be removed through impeachment, if found guilty of a serious offence by the
parliament.
THE DOCTRINE OF CHECKS AND BALANCES

The theory of checks and balances advocates the use of one organ of government to check the activities
of the other organs. This is where the powers of one organ are used to check the powers of other
organs. These constitutional acts of checks and balances have to check abuse of office, constitutional
violation and naked use of powers by different organs of government.

The doctrine of checks and balances does not advocate fusion of the three organs of government in the
performance of their constitutional functions. All it is saying is that in-as-much as these organs will be
mutually independent; they should act as watchdog of each other to avoid misuse of power and to
reconcile these organs. The doctrine of checks and balances applies to both parliamentary and
presidential system of government.

MERITS OF THE PRINCIPLES OF CHECKS AND BALANCES

• Checks and balances prevent excessive use of power by any of the organs.

• It brings about orderliness and efficiency among the organs of government.

• Checks and balances help to prevent the possible emergence of a dictatorial government.

• The application of checks and balances leads to strict compliance with the provision of the
constitution.

• The application of the principles of checks and balances makes government officials cautious and
meticulous in carrying out their official functions.

• The application of the principles of checks and balances guarantees fundamental human right and
freedom of the citizen.

DEMERITS OF THE PRINCIPLES OF CHECKS AND BALANCES

• Interference: There are some traces of evidence of one organ interfering in the affairs or functions of
the others, for example legislative approval of some key appointments made by the executive.

• Powers of the president: through the exercise of prerogative of mercy by the president, the president
interferes with the functions of the judiciary which is detrimental to the theory of separation of powers.

• Impeachment: The constitutional power of impeachment of the president granted the legislature,
makes the executive ar of the government dependent and subordinate to the legislature.

DATE

TOPIC: REPRESENTATIVE GOVERNMENT

CONTENT
1. Definition and features

2. Conditions for its establishment

3. Merits and demerits

DEFINITION OF REPRESENTATIVE GOVERNMENT

Representative government can be defined as a government of elected representative of the people. It

is also referred to as indirect democracy. It exists when certain people are duly elected by popular votes
to perform the functions of government on behalf of the people.

FEATURES OF REPRESENTATIVE GOVERNMENT

• Existence of free and fair election.

• Elections must be conducted on regular basis at specified period.

• Representative government is anchored on the rule of law.

• Protection of individual liberty.

• Independent electoral commission.

• An independent judiciary.

• Existence of choice of candidates.

• Freedom of the press.

• Responsiveness to public opinion.

• Universal adult suffrage.

EVALUATION QUESTIONS

• Define representative government.

• Mention 5 features of representative government.

CONDITIONS FOR THE ESTABLISHMENT OF REPRESENTATIVE GOVERNMENT

• Adherence to the provision of the constitution and respect for the rule of law.

• Adoption of written constitution.

• The practice of multi-party system.

• Universal adult suffrage.

• Independent and impartial judiciary.

• Fundamental human rights should be entrenched in the constitution.

• Respect for people's opinion.

MERITS OF REPRESENTATIVE GOVERNMENT

• It ensures participation in governance by the people.

• It makes for accountability on the part of political office holders.

• The system is simple to operate.

• The government in place is legitimate and legally constituted.

DEMERITS OF REPRESENTATIVE GOVERNMENT

• There is no true independence of the judiciary.

• Rigging of elections..

• Problem of illiteracy.

• The representative may not adequately represent their people or community due to some selfish
interest.

• Corrupt practices among politicians..

• It is too expensive to run.

• Duplication of functions..

• General belief of the people, that politics is a dirty game.

EVALUATION QUESTION

• What are the conditions necessary for representative government?

• Mention 5 demerits of representative government

TOPIC: CENTRALIZATION

CONTENT

MEANING

1. Reasons for its adoptions

2. Merits and demerits

CENTRALIZATION

MEANING

The term centralization refers to a system of government administration in which power is concentrated
in a single central authority. In such a centralized system of government, there is no constitutional
provision for the sharing of governmental powers between the single central authority and any other
body but powers can be delegated to subordinate bodies. The highest degree of centralization is
achieved in unitary states. In such a unitary state there is only one legislature, one executive and one
judiciary. Local authorities that exist in centralized states are created by the central authority that
delegate powers to them.

Unitary states like Britain, Italy, and France etc. are examples of centralization of governmental
administration.

REASONS FOR THE ADOPTION OF CENTRALIZATION

• The size of the country.

• Absence of tribal differences.

• Lack of fear of domination

• Common language and culture.

• Lack of marked economic inequalities.

• Absence of minority groups and strong loyalty to the central government.

• The constitution of a centralized state is flexible.

• There is no conflict of authority.

MERITS OF CENTRALIZATION

• Strong and stable government.

• Reduction in cost.

• Quicker decision making.

• Promotion of national unity.

• Uniformity in the level of development.

• Centralization also removes frictions.

• It prevents waste of resources.

DEMERITS OF CENTRALIZATION

• It keeps the people far away from government.

• Encouragement of dictatorship.

• The central government is overburdened.

• It also prevents local autonomy.

• Centralization kills local initiatives.

DECENTRALIZATION

MEANING

Decentralization refers to a system of governmental administration whereby powers are not

concentrated in a single central authority but shared among component regional and local units. Powers
allocated to different authorities are clearly specified in a written constitution. Decentralization exists in
a federal structure. Federal states such as USA, Nigeria, and Federal Republic of Germany etc. are
examples of decentralization of government administration.

TYPES OF DECENTALIZATION

DEVOLUTION: This is a system of administration, where the central government may decide to set up or
create subordinate levels of government in different parts of the country. This type of administration
applies to unitary government in which the country may be split into units for administrative
convenience. Britain,South Africa and Northern Ireland are good examples.

DECONCENTRATION: This refers to a system of administration in which powers are shared in such a way
that the component states are not directly subordinate to the central authority. France is a good
example.

MERITS OF DECENTRALIZATION

• Quick development.

• It brings government nearer to the people.

• Absence of a dictatorship.

• The fears of minority are removed from the domination by the majority.

• Political unity is achieved.

• It encourages wider consultation.

• It reduces the work load of central government.

• It increases efficiency of government.

DEMERITS OF DECENTRALIZATION

• The system is too expensive to run.

• There is delay in decision making.

• There is no uniform development.

• The centre is weak because of the autonomy of the units.

• Functions in government are duplicated.