WEEK 1 & 2
CONSTITUTION
A constitution is a set of
rules and regulations that guide the conducts or behaviours of people in a
state or organizationis. It can also be seen as the whole body
of fundamental laws, customs, conventions, principles, rules and regulations
according to which a country or organization operates. The constitution
therefore, specifies the working of a government or organization, the functions
of its officials, the rights and duties of its citizens or members.
Sources of a Constitution
1. Historical Documents: historical
documents such as treaties, the Magna Carta (1215), Bill of Rights (1689) and
the Constitution Reform Bill of 1832. They are the sources of the British
constitution.
2. Past Experience: the
political, social, economic and geographical and historical experience of a
country serves as major sources of its constitution.
3. Acts of Parliament: these
are bills passed into law by the parliament, they also serve as source of a
constitution.
4. Decree: laws
made by military government in many countries where they seized powers, through
the promulgation of decrees serve as sources of constitution.
5. Intellectual Works: works
of intellectuals such as John Locke, Karl Marx, Thomas Hobbes, A.V. Dicey and
other recent ones are useful for drafting of constitutions.
6. Customs and Norm: the
generally accepted behaviours and ways of living of a people also serve as
sources of their constitution.
7. Judicial Precedents: these
are previous or earlier and important judgments passed, and decisions taken in
higher courts like the supreme courts etc. They are important sources of
constitution.
8. Conventions: conventions
are rules and guides for behaviours which are not written down, which people
show their disapproval when violated.
9. Constitutional Conferences: these are meetings at which difficult constitutional
issues are discussed and resolved in preparation for a new constitution.
Decisions at such conferences often form the basis for a new constitution.
10.
International
laws: international laws such as the
ones made by international organizations like UNO- international law of the
Seas, international Civil Aviation Convention etc. serve as sources of
constitution.
Features of a constitution
a.
A constitution is a body of
fundamental laws according to which a particular government of a country or
organization operates.
b.
It has a preamble or introduction
which states the ideological stand of the constitution.
c.
The constitution states the type of
party system that will operate in a country.
d.
It names the organs of government,
their functions and their relations to one another.
e.
A constitution of a country
specifies the rights and duties of the citizens.
f.
It specifies the type and
characteristics of government either unitary, federal, presidential or cabinet
system to be adopted.
g.
It provide for the procedures for
the amendment of the constitution.
h.
It states the tenure of office
holders and their qualifications
Types of a Constitution
Written Constitution
This is a type of constitution in
which the whole body of fundamental laws, customs, rules and regulations which
guide the conducts of citizens are codified (written down) in a single
document. This means that a written constitution can be found in a single
document for people to see and read any time they want. Countries like USA,
Nigeria, India, France, Canada, Ghana etc. have written constitution.
Advantages of Written Constitution
1.
A written constitution can be
obtained and consulted in a single document.
2.
It makes it easier to ascertain
unconstitutional acts of the rulers hence, they can be taken to court.
3.
A court’s action can be predicted
based on the provisions of the constitution concerning the particular case.
4.
It reduces the rate of dispute among
the organs of government since their functions are clearly written in the
constitution.
5.
A written constitution ensures
stability.
6.
It can be amended or changed at
appropriate time.
Disadvantages of Written
Constitution
1.
Most written constitutions are rigid
and therefore, they create problem of amendment.
2.
It create friction among the organs
of government especially it the constitution contains a lot of flaws.
3.
It does not fit all types of
government, like unitary government.
4.
It poses problem of difficulty in
interpreting the provisions of a rigid written constitution.
5.
It may lead to delay in government
functions as a result of frequent declaration of actions of government
unconstitutional.
Unwritten Constitution
Unwritten
constitution is a type of constitution in which the whole body of fundamental
laws, customs, rules and regulations which guide the conducts of citizens are
not codified in a single document. Unwritten constitution is the opposite of
written constitution. Britain and New Zealand are countries that have unwritten
constitution.
Advantages of Unwritten Constitution
1. Unwritten constitution have high degree
of flexibility which can easily adopt a country’s changing situation.
2. It makes for easy and quick decision
making.
3. It does not pose problem of amendment.
4. It meets both present and future needs
of a country.
5. It does not pose
problem or difficulty of interpreting its provisions since it is not rigid.
Disadvantages of Unwritten
Constitution
1. It is prone to abuse by the government
and individuals since the laws are not codified in one document.
2. It does not create room for individuals
to know their rights and duties.
3. It encourages violation of citizens’
rights.
4. It makes it difficult to ascertain
unconstitutional acts of government.
5. It does not suit a federal system of
government.
6. In case of dispute, it does not make for easy reference
Rigid Constitution
A rigid constitution is the type of
constitution in which the procedures for its amendment are strict and difficult
to meet. It is one which cannot be amended or changed easily. The procedures
for amendment of a rigid constitution are different from the processes of
making ordinary laws. Rigid constitutions are normally written constitutions,
but not all written constitutions are difficult to amend. USA, France, Nigeria,
Canada, India Switzerland etc. have rigid constitution.
Advantages of Rigid Constitution
a. A rigid constitution is difficult
to change or amend, which prevent hasty decisions.
b. It prevent dictatorial leaders from
amending the constitution to serve their interests.
c. It protects the interest of the
minority groups.
d. It ensures political stability in a
country because, no one section can amend the constitution to its favour.
e. It makes
smooth change of government and ensures continuity of the system of government
adopted.
Disadvantages of Rigid Constitution
a. Its amendment or change is
stringent and cumbersome.
b. Its inflexibility makes it difficult to
take quick actions in times of emergency.
c. It creates room for revolution or
civil war which brings about its violent change or amendment.
d. It does not suit the changing social,
economic and political situations of a country.
e. It consume
time and energy in conducting referendum for the changing or amending a rigid
constitution.
Flexible Constitution.
A flexible constitution is the type
of constitution which can be amended or changed so easily without stringent and
cumbersome procedures. Flexible constitution can be amended with the same
procedures used in making ordinary laws. It requires simple majority for a
flexible constitution to be amended. Some flexible constitutions are written
while some are unwritten. Britain, Italy, New Zealand etc. all have flexible
constitution.
a.
A flexible constitution is easy to
amend.
b.
It is flexible and therefore, allows
for quick actions to be taken in times of emergency.
c.
It does not encourage revolution or
civil war since its flexibility does not make for violent change or amendment.
d.
Its amendment is not expensive, time
and energy consuming.
e.
It suit the changing social,
economic and political situations of a country.
Disadvantages of Flexible
Constitution
a.
A flexible constitution can be
amended in a hasty and thoughtless manner because it is easy amend.
b.
It encourages dictatorship because,
leaders with dictatorial propensities can easily amend it to suit their
interest.
c.
It does not ensure political
stability because one section of the country can amend it to its favour.
d.
It does not suit federal system of
government where there is division of powers among different units.
e.
It does not allay fears of ethnic
domination by the majority ethnic groups in a multi-ethnic nation
Federal Constitution
A federal constitution is one in
which governmental powers are shared between the central government and the
component units or states, so that each government is
constitutionally independent and autonomous. The federal constitution specifies
the legislative powers of these different governments. In Nigeria, the central
government (Federal) legislate on the matters on the exclusive list, the
component units (States) legislate on matters on residual list, while both the
federal and state governments make laws on concurrent list. Example of countries
with federal constitution include: USA, Nigeria, Germany, Brazil etc.
Advantages of Federal Constitution
a. Federal constitution unites people
of different political, social, geographical, cultural, religious, historical
and linguistic origin together.
b. It maintain the independence and
autonomy of the component regions or states.
c. It makes room for wider
representation of people.
d. It allays fear of external aggression.
e. It prevents ethnic domination by
majority groups over minority ones.
f. It
maintain political stability among the diverse ethnic groups.
Disadvantages of Federal
Constitution
a. Federal constitution emphasises
the differences among the different ethnic groups in a country.
b. It increases sectional consciousness
which does not guarantee peace and unity in a country.
c. Its duplication of powers and
government leads to increase in government expenditures.
d. It leads to dissipation (wastage) of
time, energy and resources in unnecessary rivalry among different governments.
e. It is rigid and difficult to
amend.
f. It
create problem of sharing of wealth of the nation among different component
regions or states of the country.
UNITARY CONSTITUTION
A
unitary constitution is one in which governmental powers and authority are
concentrated in the hands of one single government or legislature/authority.
The central government is the only source from which power emanates. It does
not share powers with any other body, but delegate powers to other subordinate
bodies. Countries with unitary constitution are Britain, Italy, France,
Belgium, Sweden etc.
Advantages of Unitary Constitution
1.
A unitary constitution is flexible
and easy to amend.
2.
Its flexibility allows for quick
decisions and actions to be taken in time of emergency.
3.
It is less expensive to operate.
4.
It instils spirit of nationalism and
patriotism in the citizens.
5.
It avoids waste of both human and
material resources as a result of non-duplication of government.
Disadvantages of Unitary Constitution
1.
The amendment of a unitary
constitution can be done in a hasty and thoughtless manner since it is
flexible.
2.
It can lead to ethnic domination of
minorities by the majorities.
3.
It does not guarantee the
fundamental rights of citizens because the constitution is not supreme.
4.
It does not make room for wider
representation of people in government.
5.
It does not encourage bringing
government nearer to the people.
CONFEDERAL CONSTITUTION
This is a constitution in which
major governmental powers and functions are reserved exclusively for the
component states/units save on common currency, defence and foreign affairs in
which the central government holds powers. The constitution reserves powers to
the central government only in certain matters that affect all the unions or
autonomous states involved. Confederal constitution makes the component states
very powerful while the central government becomes weak. Even the component
states are free to secede when any of them wishes to do so. Confederal
constitution is not common with nations of the world in the present day because
of it weaknesses.
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
A. Equality Before the Law
This principle states that all citizens are equal no matter their status. That the same law should apply to all citizens of a country irrespective of their economic or political status. This means that no one is above the law and the law is no respecter of persons. The law should not be bent to favour any person. That all citizens of a country should enjoy equal access to law facilities, equal right to fair hearing, legal advice in the court of law etc.
This principle assumes that the law
should be impartial in dealing with offenders. That is to say, no one should be
made to suffer any penalty or loss of personal liberty or punished in any way
unless found guilty of breaking the laws of the land, which must be established
in the court. That even an accused person should be assumed innocent until a
court of law in the land finds him guilty, and the court must be presided over
by a free, fair and impartial judge.
Also, no one should be arrested
without being told of his offence, or detained for more than fourty-eight (48)
hours without being charged to court. That everyone is entitled to defend
himself with the assistance of a lawyer and should not be tried in special
courts or tribunals but the same courts others are tried.
C. Individual Rights
This principle states that every human being is entitled to certain basic and inalienable rights and liberties under the law and they can seek redress in the court if these rights are violated
These individual rights are
specified in most written constitutions commonly referred to as Fundamental
Human Rights. In case of violation, only the court have the power to entertain
such cases.
Factors that Limit the Application of the Rule Of Law
1.
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.
2.
The type of government adopted in a country:
For instance military rule and one party system of government can limit the
rights of citizens.
3.
Partial judiciary or independence of the
judiciary is also a limitation to the rule of law.
4.
Special or Administrative tribunal s who
adopts special system of trial different from that of the ordinary courts at
times do not allow citizens to know their rights and fight for it.
5.
Poverty, illiteracy and ignorance can make men
not to know their rights and fight for it.
6.
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.
7.
Parliamentary Immunity: Members of the
parliament are free from prosecution
8.
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.
9.
Obnoxious laws: In
some countries there are some laws which are seeks to limit the rights of
citizens. These laws are usually harsh.
Factors that Can Ensure the Successful Operation of the Rule Of Law
1.
There should be public trial of an accused
person not secret trial.
2.
The press must be free not gagged.
3.
Democratic political system in a country
facilitates the rule of law.
4.
The judiciary must be independent and
impartial.
5.
Citizens should be granted the right to appeal
against any judgment they feel they do not like.
6.
There should be no delay justice as this in
turn will lead to justice denied.
7.
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.
8.
Adequate information should be made available
about the existence of different laws especially newly enacted laws. That is to
say, every law must be publicized, as ignorance of the law is not an excuse.
9.
To avoid tyranny, the principle of separation
of power s and checks and balances should be adopted in government.
10.
There must be a constitution that will embody
the laws of the land and spell out the rights and obligations of the citizens.
11.
A sovereign parliament will also aid
successful operation of the rule of law.
12.
Citizens should be made to have basic
education which will warrant them to know their rights when such rights are
infringed upon they can seek redress in court of law.
13.
There should be an atmosphere of peace and
order in a country because the rule of law is undermined in a period of war.
Separation
of powers is defined as the division of governmental powers that exist in a
state into three organs of government. Separation of powers implies that the
three organs of government- the legislature, executive and the judiciary are
separated in personnel and functions. According to this principle, all the
governmental powers in a state should not be rested in one person or organ of
government. That is, the legislature’s main duty is to make laws, the
executive, to implement laws, while the judiciary to interpret laws to
safeguard the interest of the citizens in a state. According to this principle,
if all these functions are to be performed by a single person or organ, it may
lead to dictatorship or tyranny. This is because, human beings are power
hungry, they try to expatiate (expand) any power in their possession no matter
how little, and this leads to corruption, that is why Baron de Montesquieu
concludes that “power corrupts, and absolute power corrupts absolutely”. He
further viewed that if rights, liberty and freedom of citizens are to be
maintained and guaranteed, then the three organs of government must be
separated and entrusted to different people to administer.
Separation of Powers in the Cabinet System
1. Ministers in the cabinet system belong to both the
executive and legislative organ of government.
2. The executive organ of government tend to have full
control of the legislative organ and even the judiciary.
3. The executive is collectively responsible to the
parliament.
4. Almost all the bills initiated by the executive are
passed in the legislature because its members are also parliamentarians.
5. The executive appoints the head of the judiciary who
does not really check the activities of those that appointed him.
from the above, there seems to be no
act of separation of powers among the different organs in the cabinet system because
their functions overlap.
Separation
of Powers in the Presidential System
1. Ministers in the presidential system do not belong
to both organs. Any legislator appointed a minister must resign as a member of
the legislature in which he was elected.
3. The executive is not collectively responsible to the parliament.
Checks
on the Legislature
1. The veto power given to the president limits
the legislative powers of the legislature.
2. Laws passed by the legislature can be declared
null and void by the executive through a judicial review constituted by the
president.
3. The law court can declare any law made by the legislature, which contradicts the provisions of the constitution, unconstitutional.
checks on the Executives
1. The budget has to be passed into law by the
legislature.
2. The president can be impeached by the
legislature
3. The legislature must approve treaties entered
into by the executive before they become binding
Checks on the Judiciary
a. The president can pardon convicts
through the prerogative of mercy.
b. A judge can be removed from office by the
legislature or executive, if found guilty of any misconduct.
c. The executive can use non- prosecute to
remove case from court.
How
the principle Checks and Balances violates the Principle of Separation of
Powers.
The
principle of checks and balances which is practiced in the presidential system
f government, was not meant to violate the principle of powers; only to
strengthen it. However, its application in modern states tend to violate the
principle of separation of powers in the following ways:
a.
The constitutional power of
impeachment of the president granted the legislature, makes the executive arm
of government dependent and subordinate to the legislature. This renders the
principle of separation of powers useless.
ii.
ii. The
power to veto Acts of parliament granted to the president makes the president
who is the head of the executive to be part of the law making body, and this is
a violation of the principle of separation of powers.
iii.
The act of allowing the unelected
members of the judiciary to declare executive actions and laws made by the
legislature as unconstitutional, offends the principle of separation of powers.
iv.
The president, who is the
commander-in-chief of the Armed Forces and who has the power to declare war
against another country can be helpless by the legislative refusal of two-third
majority required by the president.
v.
The power of approving the executive
nominees and budget given to the legislature makes the legislators participate
in the executive functions, and this renders the principle of separation of
powers unrealistic.
vi.
The executive name all the judges of
the different courts with the approval of the legislature, this also violates
the principle of separation of powers.
vii.
The exercise of the constitutional
powers of prerogative of mercy by the president, makes the president to
interfere with the functions of the judiciary, and this cause damages to the
principle of separation of powers.
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
1.
Existence of free and fair election.
2.
Elections must be conducted on regular basis
at specified period.
3.
Representative government is anchored on the
rule of law.
4.
Protection of individual liberty.
5.
Independent electoral commission.
6.
An independent judiciary.
7.
Existence of choice of candidates.
8.
Freedom of the press.
9.
Responsiveness to public opinion.
10.
Universal adult suffrage.
Conditions For The Establishment Of Representative Government
I.
Adherence to the provision of the constitution
and respect for the rule of law.
II.
Adoption of written constitution.
III.
The practice of multi-party system.
IV.
Universal adult suffrage.
V.
Independent and impartial judiciary.
VI.
Fundamental human rights should be entrenched
in the constitution.
VII.
Respect for people’s opinion.
Merits Of Representative Government
a.
It ensures participation in governance by the
people.
b.
It makes for accountability on the part of
political office holders.
c.
The system is simple to operate.
d.
The government in place is legitimate and legally
constituted.
e.
The government is set up through the normal
electoral process.
f.
The administration is based on respect for the
rule of law and obedience to the provision of the constitution by the elected
political leaders.
g.
There is choice of leaders.
DEMERITS
OF REPRESENTATIVE GOVERNMENT
a.
There is no true independence of the
judiciary.
b.
Rigging of elections..
c.
Problem of illiteracy.
d.
The representative may not adequately
represent their people or community due to some selfish interest.
e.
Corrupt practices among politicians..
f.
It is too expensive to run.
g.
Duplication of functions..
h.
General belief of the people, that politics is
a dirty game.
CENTRALISATION
MEANING
Centralization is a process by which power is
located in a single central decision-making body in a country. The highest
degree of centralization is achieved where all the powers of government are
vested in a central Authority. The degree of centralization is
highest in a Unitary State. In other words, sense of Sharing of powers between the
center and the subordinate units or government.
Merits of Centralisation
1. Stronger and stable government:
centralised government tends to be stronger and more stable than decentralised
system of government. This is because citizens show loyalty to one central
government.
2. Reduction in cost: the
cost of running a centralised system of government is reduced because there is
no duplication of government offices.
3. Speedy
decision-making: there is speedy or quick decision making in a
centralised government. This is because the single Authority in to which powers
are concentrated did not need to consult any other authority before taking
decisions.
4. Promotion of national unity: the
system promotes Patriotism as a result of absences of tribalism, sectionalism
associated with decentralised and this gives rise to national unity.
5. Uniform
development: all parts of a country that adopt centralised
government tend to develops at the same pace, because the country is
one and not divided into section which remove sectionals sentiments.
6. It remove
frictions: The agreements that's usually exists between the central
government and regional or state government are removed by centralisation
Demerits of Centralisation
1. It encourages dictatorship:
centralised government lead to dictatorship as a result of concentration of
powers in a single authority.
2. Central government is overburdened: the
central government is overloaded with too much problems as a result of
concentration of all governmental powers in one single authority.
3. Prevention of local authority:
centralisation prevents local authorities from exercising power in their
different areas based on their culture and traditions.
4. It does not suit large
territories: centralisation is only suitable for countries with
small size, not countries with large population, wide geographical areas,
diverse language, culture etc.
5. Government is far from
people: centralisation places government far away from the people
especially those in of the interior parts of the country.
6. Domination of minority
groups: minority groups in a country that adopt centralisation are
dominated by their majority counterparts.
DECENTRALISATION
Decentralization refers to a system of adminstration in which
governmental functions are not concentrated in a single or central Authority
but are shared among component or regional governments or units
Merits of Decentralisation
1. Faster Development: the division
of powers into different areas in a decentralized government ensures faster
development.
2. Unity in Diversity:
decentralisation provides for the diverse element that made up the country
through the recognition of the different ethnic groups that exist in the
country.
3. It Allays Fear of Domination: fear
of domination of one ethnic group on others are reduced by decentralisation as
a result of autonomy given to each ethnic group within the federation.
4. Encourages Healthy Competition:
decentralization encourages healthy competition among the component states,
which goes a long way in leading to rapid development.
5. It Brings Government closer to the
People: decentralisation which involves division of a country into smaller
government brings these governments to the door steps of the people.
6. It allows for greater
Participation of People in Government: this is made possible by the division of
powers into central and component states, which gives rise to the duplication
of offices and the requirement of more people to manage these offices.
Demerits of Decentralisation
1. Inter-state Friction:
decentralisation causes disagreement among states that made up the federation.
This is as a result of differences in opinion among the component states into
which powers are divided.
2. It Breeds Sectional Consciousness:
division of a country into different areas as done in a decentralized state
breeds regional or state consciousness instead of national consciousness.
3. Duplication of Organs of
Government: All countries that practice decentralised system of government have
the same structures of government that are in the central government in all the
federating units, thereby duplicating unnecessarily.
4. It is Expensive to Operate: It
cost a lot in terms of materials and human resources required to operate a
decentralised system of government mainly because of the duplication of
offices.
5. Fear of Domination: though powers
that exist in a country are divided among the federating units, there still
exist the fear of one ethnic group dominating others at the centre.
6. It Leads to Dual Loyalty: the
citizens tend to have two different government to demonstrate their loyalty,
which is loyalty to their states and to the central government.
This can be defined as one in which all governmental
powers and functions that exist in a state or country are concentrated in a single
central government. There is no constitutional division of powers in the
country. Examples of countries that adopts unitary system are; Britain, France,
Italy and so on.
Features of A Unitary Government
1. There is no constitutional division of powers.
2. All powers and functions are concentrated in the hands
of the central government.
3. It is suitable for homogenous states.
4. The system is best practiced in a relatively small
state or country.
5. The constitution is flexible.
6. The parliamentary is supreme in a unitary form of
government.
7. The central government may have the power to modify
the constitution.
8. There is no conflict of authority since the central
government possess all the powers.
Reasons for The Adoption of A Unitary Government
1. For efficient administration.
2. Small country; Unitary government is best practised in
a small country.
3. It is best practised in a homogenous state.
4. To ensure effective control and accountability in
government.
5. To ensure rapid and even development.
6. To enable the central government to adequately manage
the resources of the state.
Advantages of A Unitary Government
1. It is less expensive to operate.
2. There is quick decision making.
3. It promotes strong government.
4. It promotes unity.
5. There is no conflict of authority.
6. The process of amending the constitution is relatively
easy.
7. It is suitable for emergency situation.
Disadvantages of A Unitary Government
1. It can lead to dictatorship.
2. It is not suitable for a heterogeneous state.
3. The central government is overloaded with functions.
4. The interest of minority groups may not be protected.
5. There may be high rate of unemployment as a result of
low duplication of functions
6. The system does not encourage local initiative.
7. The government is too far from the people at the
grassroot.
8. It is not suitable for a large population.
Federal System Of Government
This can be defined as one in
which all governmental powers and functions that exist in a country are shared
between the central government and the component states or units. In this system,
all levels of government derive their powers from the constitution. Examples of
countries that practice federal system are; Nigeria, U.S.A, India, Russia and
so on.
Features of Federal System of Government
1. There is constitutional division of powers.
2. All levels of government derive their powers from the
constitution.
3. It is usually suitable for a large populated country.
4. It is best practised in a heterogeneous state or
country.
5. It encourages local initiatives.
6. The constitution is supreme.
7. There is clear separation of powers.
8. Each state or unit is allowed to develop at its own
pace.
Reasons for The Adoption of A Federal
System
1. To bring the government closer to the people.
2. Size of the country: It is best practised in a large
country.
3. To prevent the minority from being dominated by the
majority.
4. Heterogeneous nature of the country: It is best
adopted in a country with diverse cultures.
5. The nearness of states to each other can bring about
the desire for a federal system of government.
6. The need to pool resources together to form a stronger
economy necessitates the adoption of a federal system of government.
Merits of A Federal Government
1. It brings government closer to the people.
2. It prevents dictatorship.
3. It reduces the work load of the central government.
4. Employment opportunities are created with the
duplication of functions.
5. The constitution is supreme.
6. It encourages grassroot participation in politics.
7. The system protects the interest of the minorities.
Demerits of A Federal System Of Government
1. There is delay in decision making
2. Threat of Secession: Some units may threaten to break
away from the union.
3. There is unhealthy rivalry among the component units
4. Boundary disputes: Component units always fight over
boundaries.
5. The minorities are always afraid that the majority
will dominate them .
6. Problem of state creation: All the ethnic groups want
to have their own state which is not possible
7. It is very expensive to operate because of duplication
of functions.
8. There is no uniform development since each region is
allowed to develop at its own pace.
Parliamentary System of Government
Parliamentary system of government is one in which the
head of state is different from the head of government. The head of state is
the ceremonial president while the head of government is the Prime minister.
Countries that practice this system are; Britain, Israel, Italy and Nigeria in
the first republic.
Characteristics of Parliamentary Government
1.
The head of state
is different from the head of government.
2.
The head of state
is the ceremonial president.
3.
The head of
government is the Prime Minister.
4.
The Prime
Minister performs executive functions.
5.
There is fusion
of powers. Members of parliament are also members of the executive.
6.
Collective
responsibility: Members of the cabinet are collectively responsible to the
parliament.
7.
Opposition is
legally and constitutionally recognized.
8.
Vote of no
confidence: The Prime Minister can be removed from office by the parliament
through a vote of no confidence.
9.
The Prime
Minister presides over cabinet meetings.
10.
The Prime
Minister can only choose his ministers within its party.
Advantages of Parliamentary System Of Government
1.
There is mutual
understanding between the executive and the legislature.
2.
There is no delay
in decision making.
3.
The system allows
ministers to defend their policies in parliament since they are also members of
the parliament.
4.
Absence of
conflict: There is absence of conflict as a result of fusion of power.
5.
The ruling party
is dedicated and efficient in the administration of the country.
6.
This system
prevents arbitrary rule.
7.
The opposition
party serves as watchdog to the government in power.
Disadvantages Of Parliamentary System Of Government
1.
The Prime
Minister is not popularly elected by the electorate.
2.
Weak government:
Parliamentary system of government can lead to a coalition government which is
a weak government.
3.
The poor
performance of a minister can led to the break down of the government since
ministers are collectively responsible for government decisions.
4.
The executive can
be removed from office anytime the legislature passes a vote of no confidence
in the executive.
5.
Restriction in
ministerial appointment: People who are capable of serving the country as
ministers will not have that opportunity if they are not members of the ruling
party.
Presidential System Of Government
Presidential system of government is
one in which all the executive powers are vested in one person called the
president who is dully elected by the people. It can also be seen as
a system in which the executive arm of government separated from the
legislature but equal to it. The President is both the head of state and
head of government, and is referred to as executive president because, he
has executive powers. The president who is elected by the electorate
either directly or indirectly through Electoral College and not chosen by the
legislature, is the commander-in-chief of the Armed Forces. The president
appoints members of his cabinets who are also not members of the Parliament.
The principle of collective responsibility does not hold in presidential
system of government and members of the cabinets are responsible to the president.
Nigeria and USA are good example of presidential system of government.
Features of
presidential system of government.
a. In the
presidential system of the government, the president is both the head of state
and head of government.
b. The
principle of separation of powers where the executive arm of government is
separated from the legislature and judiciary applies in the presidential system
of government.
c. The
president and his ministers are not members of the parliament.
d. The
president is elected either directly or indirectly through an electoral college
and not chosen by the legislature.
e. The tenure
of the office of the president is limited to a fixed term.
f. The
principle of checks and balances applies in presidential system of government.
g. The
cabinet/ministers are responsible to the president not the legislature.
h. The
constitution is the supreme law in a presidential system of government
i. The
president has the power to dismiss any member of his cabinet anytime
Merits of
presidential system of government
a.
Separation of powers: there is clear separation of
powers among the three arms of government which prevent misuse
of power, since power corrupt on absolute power corrupt absolutely.
b.
Checks and Balances: the application of the
principle of checks and balances makes government official including the
President cautious meticulous (careful) in carrying out their functions, which
makes government very efficient and orderly.
c.
c. Fixed
tenure of office: the system fixes a limited period for the
president to rule and give chance to others and this prevents the emergence of
a president for life.
d.
Prevent the emergence of dictators: the
principles of separation of powers and checks and balances make it
near impossible for dictators to emerge in a presidential system of government.
e.
Effective Executive control: the
system allows the president effective control of the executive arm of
government. He has the power to discipline any member of his cabinet who
misbehaves, and the party has no power to discipline the president.
f.
It encourages Massive Participation: more
people are given the opportunity to participate in government since members of
the legislature are different from members of the cabinet.
g.
Proper Use of Talents: since the president has the
right to choose members of his cabinet from anywhere even outside the
parliament, it creates room for proper use of talents.
Demerits of
presidential system of government
1.
It may Breeds Dictators: since power corrupts and
absolute power corrupts absolutely, over concentration of powers in the
president can corrupt him and makes him a dictator.
2.
Lobbying: lobbying is interpreted by many as bribery,
since many legislators wait to be bribed before passing any bill initiated by
the president, and this breeds corruption.
3.
Expensive to Run: the system, as a result of
non-fusion of the executive and legislature makes it too expensive to run.
4.
No Security of Tenures for Ministers: since
the president has the right to dismiss any member of his cabinet, there is no
security of tenure for them.
5.
Frequent Friction: due to separation of the two
houses, there is always disagreement between the legislature and executive,
especially when the legislature is controlled by a different party. The
legislature uses passing of bills initiated by the executive to hold the
executive to ransom and in retaliation, the president will withhold his assent
to bills passed in the legislature.
6.
Difficulty in Impeaching the President: the
difficulty in the process of impeachment could make the president abuse his
office and yet complete his term.
Duties/Functions
of the Executive President
1.
An executive president is both the head of state and
head of government, and the commander-in-chief of the Armed Forces.
2.
He prepares and presents the annual budget to the
National Assembly.
3.
He appoints ministers and other members of his cabinet
4.
He awards national honours to deserving citizen of the
country.
5.
With the approval of parliament, the president has
right to declare state of emergency.
6.
He receives the representatives of other countries to
his country.
7.
The president has the constitutional right to grant
pardon to those who committed offences against the state under the prerogative
of mercy.
8.
He assents to bills passed in the National Assembly.
Limitations
on the Powers of the Executive President
a.
The constitution limits the term of office of the
executive president in some countries like Nigeria and USA to two of four years
each.
b.
The president must present list of appointed minister,
ambassadors etc. to the National Assembly for approval.
c.
The principles of checks and balances curtail the
powers of the president.
d.
The National Assembly has the constitutional power to
impeach the president if he violets the constitution or for any corrupt act.
e.
The judiciary has the constitutional power to declare
any presidential action that violets the constitution null and void and
unconstitutional.
f.
If the
legislature is controlled by another party, the president’s bills could find it
difficult to be passed
Assignment
Explain seven functions
of the Nigerian president as spelt out in 1999 constitution of Nigeria.
