SCHEME OF WORK
WEEK TOPIC
THEME: CONCEPTS AND PRINCIPLES OF GOVERNMENT
1. Revision of last term’s work/The Structure and Organization of Government:(3) Judiciary: (a) Selection of Judges, status, conditions and privileges. (b) Functions (c) Judicial independence, the maintenance and reasons. (d) Factors that limit judiciary independence. (e) Honesty and integrity.
2. Separation of Powers: (a) Separation of powers in the arms of government. (b) Separation of personnel performing functions. (c) Examine the relationship between separation of powers and checks and balances. (d) Explain the extent of separation of powers, checks and balances under presidential and parliamentary systems of government.
3. Basic Principles of Government:(1) Rule of Law: (a) Basic Interpretation; (i) Equality before the law. (ii) Supremacy of regular law (iii) Right to personal liberty. (b) Problems of application.Fundamental Human Rights: (a) Fundamental Human Rights; (i) Social (ii) Political (iii) Economic (iv) Access to information. (b) Means of safeguarding fundamental human rights. (c) Limitations.
4. Representative Government: (a) Meaning of representative government. (b) Means of establishing representative government. (c) Advantages and disadvantages of representative government.Political Participation: (a) Meaning of political participation. (b) Forms of political participation. (c) Purpose of political participation.
5. Centralization and Decentralization: (a) Centralization (b) Decentralization (c) Forms of decentralization – (i) devolution (ii) decentralization (d) Advantages and disadvantages of centralization. (e) Advantages and disadvantages of decentralization.
6. Delegated legislation:(a) Delegated legislation. (b) Forms of delegated legislation. (c) Control of delegated legislation. (d) Advantages and disadvantages of delegated legislation.
7. Citizenship: (a) Meaning of Citizenship (b) Acquisition of citizenship. (c) Rights, duties and obligations of citizenship. (d) Differences between citizens and non-citizens.
THEME: POLITICAL PARTIES AND PRESSURE GROUPS
8. Political Parties: (a) Definition of political parties (b) Organization. (c) Functions (d) Types of political parties (e.g. elite/mass parties). (e) Honesty, integrity and transparency.
9. Party System: (a) Party system (b) Types of party system – (i) one party, (ii) two party and (iii) multi-party.
10. Pressure Groups: (a) Definition of pressure groups. (b) Types. (c) Characteristics. (d) Modes of operation. (e) Functions of pressure groups. (f) Differences between political parties and pressure groups.
11. Revision.
3RD TERM
WEEK 1
TOPIC: THE STRUCTURE AND ORGANIZATION OF GOVERNMENT
CONTENT: Judiciary:
1. Selection of Judges, status, conditions and privileges.
2. Functions (c) Judicial independence, the maintenance and reasons.
3. Factors that limit judiciary independence. (e) Honesty and integrity.
Sub -Topic 1:THE JUDICIARY: SELECTION OF JUDGES, STATUS, CONDITIONS AND PRIVILEGES.
The Judiciary is the third organ of government that is responsible for interpretation and application of the laws when they are broken or violated. It is made up of Judges and the courts of law. The Nigerian court system is headed by the Supreme Court which is the final court. The next is the court of Appeal. Besides, we have the High Court and the Sharia as well as Magistrate Court. The Customary Court handle customary cases.
Supreme court
Federal Court
State High Court
Magistrate Court
Customary/Sharia Court
The Judiciary is also made up of the following: Chief Justice of the Federation, the Supreme and Appeal Court Judges , Federal High Court Judges, the Magistrates, the Alkalis and the Quadri.
In the modern states, the liberties and rights of an individual depend on the fairness of the courts in providing protection against other individuals from the powerful and the oppressive members of the public and government. The Judiciary is regarded as the last hope of the common man. If there is an infringement upon the rights of any citizen, instead of taking law into his hands, he is to follow the path of legality by seeking redress in the law courts.
(a) CHARACTERISTICS OF THE JUDICIARY
i. Political Neutrality: The Judiciary is politically neutral. Judges do not engage in partisan politics. It rather acts as an arbiter in cases of political disagreements.
ii. Impartiality: The Judiciary is impartial to the extent that it is not a creation of the executive or legislature and so cannot be influenced by them.
iii. Permanence: The Judiciary is a permanent institution inherited by successive governments. Its term do not end at the end of any political regime/tenure.
iv. Independence: Judiciary is made independent of the executive and the legislature, in order to avoid undue interferences and delays in the judicial process and to promote separation of powers.
v. Stable tenure of office of Judges: in some countries, Judges hold office until they retire, if they are not found guilty of any corrupt practices or ill health, stable tenure increases skills by taking the advantage of experience.
vi. Judicial Immunity: Judges enjoy judicial immunity in the performance of their duties.
vii. Due process: The Judiciary operates according to laid down procedure/precedence.
viii. Professionalism: The Judiciary is made up of Judges who are legal experts. This enhances the integrity and efficiency of jurists.
ix. Code of Conduct: The Judiciary has prescribed code of conduct in order to protect their professional integrity.
EVALUATION
1. Whatarethecharacteristicsofthejudiciary in a state?
2. Outline the Nigerian Court system.
(b) Methods of Appointment or Selection of Judges, Status, Conditions and Priviledges.
Appointment of Judges
In Nigeria, Judges are appointed as follows:
i. The appointment of a person to the office of the Chief Justice of Nigeria is made by the President from among qualified lawyers, subject to confirmation by the Senate.
ii. The appointment of a person to the office justice of the Supreme Court, President of the Court of Appeal, Chief Judges and judges of the federal High Courts, is made by the president on the advice of the Federal Judicial Service Commission – subject to confirmation by the Senate.
iii. The Chief Judge of a state is appointed by the governor of the state, subject to confirmation by the House of Assembly of the state.
iv. Judges of a state are appointed by the state, acting on the recommendation of the State Judicial Service Commission.
v. The Grand Kadi and Kadis of the Sharia court of appeal of a state are appointed by the governor of the state, acting on the recommendation of the state Judicial Service Commission.
vi. The state judicial commission appoints magistrates and lay magistrates.
vii. The president of a Customary Court of Appeal is appointed by the governor of a state on the advice of the Judicial Service Commission, subject to the confirmation by the House of Assembly of the state.
viii. The Judge of a customary court of Appeal in a state is appointed by the governor of the state, acting on the recommendation of the state Judicial Service Commission.
The main methods of selection or appointment of judges differ from country to country. They include:
i. Executive nomination
ii. Legislative election
iii. Popular election.
EVALUATION
1. List the three methods of selection of Judges.
2. Write a short note on the Judiciary.
(c) Functions of the Judiciary.
i. Interpretation of laws.
ii. Dispute Adjudications.
iii. Punishment of law breakers.
iv. Guardian of the constitution.
v. Determination of election petition.
vi. Protection of citizens’ rights and liberties.
vii. It gives advice to the president.
viii. Law making function.
ix. Administrative functions such as granting divorce, performing marriages, administering oaths and swearing affidavits.
x. Prevention of wrongful acts e.g., the court can by the means of writs and restraining order stop or prevent the breakdown of law.
EVALUATION
1. Highlight seven functions of the judiciary.
(d) Judicial Independence, their Maintenance, and Reasons.
Independence of the judiciary means the judiciary that is insulated from the control of the other two organs of government. It refers to the impartiality of Judges, absence of external control and lack of bias in the administration of justice by the courts. The judiciary therefore works without looking up to the other organs of government for directives. For proper and impartial dispensation of justice in the country, there is every need for the judiciary to be independent.
Judges must be made independent of the executives in the discharge of their duties. In order to ensure that civil liberty and rights of individuals are protected against the encroachment of tyrannical executives., Judges must be able to act independently without fear or favour. A judge must be impartial and non-partisan. He must also possess a n high degree for personal integrity and honesty. Judges must be selected by a method which emphasize these qualities, and which also lays less emphasis on political considerations. They must be guaranteed tenure of office and their remunerations must be such that they cannot succumb to undue political or monetary influence.
Importance of the Independence of Judiciary or reasons for the Independenceof Judiciary.
i. Itenables the judiciary to carry out its duties without fear or favour.
ii. It prevents it from being controlled by other organs of government.
iii. It allows to give proper and unbiased interpretations of the laws and the constitution and stand firmly to declare any act that is in conflict with the constitution unconstitutional whether committed by the legislature or the executives.
iv. Independence of judiciary ensures and protects the rights and civil liberties of the citizens.
v. The crucial function of the judiciary of adjudicating in disputes between the executives and the legislature etc, will be carried out efficiently without fear or favour.
vi. Independence of the judiciary will give the organ more impetus (motivation) o find out with certainty the true winners when election petitions are brought to it to determine.
vii. The judiciary will be in a vantage position to punish law breakers and those who refuse to obey the law of the land if it is independent.
viii. An independent judiciary will guard and protect the constitution better than when is controlled by the executive or the legislature.
How to Maintain Judicial Independence
Maintenance (Factors that ensure and aid independence of the judiciary/Ways of guaranteeing the independence of the Judiciary)
i. Appointments: to ensure independence of the judiciary is maintained, its officials should not be appointed by the executive arm of government.
ii. Immunity: judges should be immune, as it obtains in almost every country, from prosecution for anything they say in the performance of their duties.
iii. Separation: if the Judiciary is separated from other arms of government, the independence will be ensured.
iv. Remuneration: salaries of Judges and Magistrates should be paid from the consolidated fund and should not be subject to executive or legislative manipulation.
v. Promotion: Judges and Magistrates should not not be promoted by the executive but by a neutral body.
vi. Dismissal: Judges should not be dismissed by the executive if the independence of the Judiciary is to be maintained.
vii. Better treatment: If officials of the judiciary receive better treatments, it will enhance their independence.
viii. Funding: To ensure the independence of the Judiciary, it should not be funded by the executive.
ix. Long Tenure of Office: If the position of Judges and Magistrates are secured for a longer time, it will help to ensure independence of the judiciary.
EVALUATION
1. How can the independence of the judiciary be guaranteed in safeguarding the rights of a citizens.
e. Factors That Limit The Independence Of The Judiciary.
For the judiciary to pass impartial judgment, it must be independent. In practice however, the judiciary has never been completely independent. There are some factors that limit the independence of the judiciary.
i. The mode of appointment may limit the independence of the judiciary. In many countries such as Nigeria and Britain, judges are appointed by the president or prime minister and not by a neutral body. These executives use their position to appoint persons that are loyal to them and such persons carry out their dictates.
ii. In safeguarding the independence of the Judiciary, the executive should not have powers to dismiss Judges.
iii. Lack of separation of powers limits the independence of the judiciary.
iv. Independence of the judiciary may be limited by executive or political interference by the president or prime minister or his agents such as the Attorney General.
v. The powers of the legislature makes it possible for the judiciary to be amended in the constitution. For example an act that has been declared unconstitutional by the judiciary can be made constitutional through a amendment.
vi. The chief executive has power to issue pardon for offences against the state. He has thus set aside judicial decisions.
vii. In modern times, the practice of establishing special or administrative tribunals as quasi-judicial bodies(e.g. in Nigeria armed robbery tribunal, foreign exchange tribunal, inland revenue courts, etc) to handle certain cases, erodes the independence of the judiciary. The special tribunals do not grant the rights of appeal against their judgments.
viii. Also, limiting the independence of the judiciary is the enactment of retroactive laws i.e. laws deemed to have taken effect before their dates of enactment.
Honesty And Integrity
Certain personal qualities are indispensable for officials of the judiciary in the course of carrying out their functions. These qualities are honesty and integrity. The judges of law courts especially should possess the attributes of honesty and integrity.
Honesty is the quality of being truthful, sincere and straightforward in one’s dealings with others. Its attributes are respect, truthfulness, integrity, reliability, honest communication, commitment and courage (boldness).
Integrity is the virtue of being honest and firm in one’s moral principles. It has to do with the quality of having transparent sense of moral standards on human relationships. It’s attributes are probity, honesty, commitment, truthfulness, fair-play and non-compromise of principles.
EVALUATION
1. List the attributes of honesty and integrity.
WEEKEND ASSIGNMENT
Objective Test:
1. The body charged with the responsibility of preparing a new constitution in a country is the (a) electoral commission (b) constituent assembly (c) judicial service commission (d) electoral college
2. The institution connected with law adjudication is (a) judiciary (b) police (c) government (d) executive
3. Independence of the judiciary can be enhanced in all the following cases except where (a) salaries of judges are drawn from the consolidated fund (b) the president is also the chief judge (c) judges are paid handsome remuneration (d) judges are politically neutral
Essay Questions
1. Highlight ways of maintaining judicial independence.
Reading Assignment
Read Comprehensive Government by page 46 – 47.
PRE – READING ASSIGNMENT
Read page 67 of comprehensive Government
CONTENT: Judiciary:
1. Selection of Judges, status, conditions and privileges.
2. Functions (c) Judicial independence, the maintenance and reasons.
3. Factors that limit judiciary independence. (e) Honesty and integrity.
Sub -Topic 1:THE JUDICIARY: SELECTION OF JUDGES, STATUS, CONDITIONS AND PRIVILEGES.
The Judiciary is the third organ of government that is responsible for interpretation and application of the laws when they are broken or violated. It is made up of Judges and the courts of law. The Nigerian court system is headed by the Supreme Court which is the final court. The next is the court of Appeal. Besides, we have the High Court and the Sharia as well as Magistrate Court. The Customary Court handle customary cases.
Supreme court
Federal Court
State High Court
Magistrate Court
Customary/Sharia Court
The Judiciary is also made up of the following: Chief Justice of the Federation, the Supreme and Appeal Court Judges , Federal High Court Judges, the Magistrates, the Alkalis and the Quadri.
In the modern states, the liberties and rights of an individual depend on the fairness of the courts in providing protection against other individuals from the powerful and the oppressive members of the public and government. The Judiciary is regarded as the last hope of the common man. If there is an infringement upon the rights of any citizen, instead of taking law into his hands, he is to follow the path of legality by seeking redress in the law courts.
(a) CHARACTERISTICS OF THE JUDICIARY
i. Political Neutrality: The Judiciary is politically neutral. Judges do not engage in partisan politics. It rather acts as an arbiter in cases of political disagreements.
ii. Impartiality: The Judiciary is impartial to the extent that it is not a creation of the executive or legislature and so cannot be influenced by them.
iii. Permanence: The Judiciary is a permanent institution inherited by successive governments. Its term do not end at the end of any political regime/tenure.
iv. Independence: Judiciary is made independent of the executive and the legislature, in order to avoid undue interferences and delays in the judicial process and to promote separation of powers.
v. Stable tenure of office of Judges: in some countries, Judges hold office until they retire, if they are not found guilty of any corrupt practices or ill health, stable tenure increases skills by taking the advantage of experience.
vi. Judicial Immunity: Judges enjoy judicial immunity in the performance of their duties.
vii. Due process: The Judiciary operates according to laid down procedure/precedence.
viii. Professionalism: The Judiciary is made up of Judges who are legal experts. This enhances the integrity and efficiency of jurists.
ix. Code of Conduct: The Judiciary has prescribed code of conduct in order to protect their professional integrity.
EVALUATION
1. Whatarethecharacteristicsofthejudiciary in a state?
2. Outline the Nigerian Court system.
(b) Methods of Appointment or Selection of Judges, Status, Conditions and Priviledges.
Appointment of Judges
In Nigeria, Judges are appointed as follows:
i. The appointment of a person to the office of the Chief Justice of Nigeria is made by the President from among qualified lawyers, subject to confirmation by the Senate.
ii. The appointment of a person to the office justice of the Supreme Court, President of the Court of Appeal, Chief Judges and judges of the federal High Courts, is made by the president on the advice of the Federal Judicial Service Commission – subject to confirmation by the Senate.
iii. The Chief Judge of a state is appointed by the governor of the state, subject to confirmation by the House of Assembly of the state.
iv. Judges of a state are appointed by the state, acting on the recommendation of the State Judicial Service Commission.
v. The Grand Kadi and Kadis of the Sharia court of appeal of a state are appointed by the governor of the state, acting on the recommendation of the state Judicial Service Commission.
vi. The state judicial commission appoints magistrates and lay magistrates.
vii. The president of a Customary Court of Appeal is appointed by the governor of a state on the advice of the Judicial Service Commission, subject to the confirmation by the House of Assembly of the state.
viii. The Judge of a customary court of Appeal in a state is appointed by the governor of the state, acting on the recommendation of the state Judicial Service Commission.
The main methods of selection or appointment of judges differ from country to country. They include:
i. Executive nomination
ii. Legislative election
iii. Popular election.
EVALUATION
1. List the three methods of selection of Judges.
2. Write a short note on the Judiciary.
(c) Functions of the Judiciary.
i. Interpretation of laws.
ii. Dispute Adjudications.
iii. Punishment of law breakers.
iv. Guardian of the constitution.
v. Determination of election petition.
vi. Protection of citizens’ rights and liberties.
vii. It gives advice to the president.
viii. Law making function.
ix. Administrative functions such as granting divorce, performing marriages, administering oaths and swearing affidavits.
x. Prevention of wrongful acts e.g., the court can by the means of writs and restraining order stop or prevent the breakdown of law.
EVALUATION
1. Highlight seven functions of the judiciary.
(d) Judicial Independence, their Maintenance, and Reasons.
Independence of the judiciary means the judiciary that is insulated from the control of the other two organs of government. It refers to the impartiality of Judges, absence of external control and lack of bias in the administration of justice by the courts. The judiciary therefore works without looking up to the other organs of government for directives. For proper and impartial dispensation of justice in the country, there is every need for the judiciary to be independent.
Judges must be made independent of the executives in the discharge of their duties. In order to ensure that civil liberty and rights of individuals are protected against the encroachment of tyrannical executives., Judges must be able to act independently without fear or favour. A judge must be impartial and non-partisan. He must also possess a n high degree for personal integrity and honesty. Judges must be selected by a method which emphasize these qualities, and which also lays less emphasis on political considerations. They must be guaranteed tenure of office and their remunerations must be such that they cannot succumb to undue political or monetary influence.
Importance of the Independence of Judiciary or reasons for the Independenceof Judiciary.
i. Itenables the judiciary to carry out its duties without fear or favour.
ii. It prevents it from being controlled by other organs of government.
iii. It allows to give proper and unbiased interpretations of the laws and the constitution and stand firmly to declare any act that is in conflict with the constitution unconstitutional whether committed by the legislature or the executives.
iv. Independence of judiciary ensures and protects the rights and civil liberties of the citizens.
v. The crucial function of the judiciary of adjudicating in disputes between the executives and the legislature etc, will be carried out efficiently without fear or favour.
vi. Independence of the judiciary will give the organ more impetus (motivation) o find out with certainty the true winners when election petitions are brought to it to determine.
vii. The judiciary will be in a vantage position to punish law breakers and those who refuse to obey the law of the land if it is independent.
viii. An independent judiciary will guard and protect the constitution better than when is controlled by the executive or the legislature.
How to Maintain Judicial Independence
Maintenance (Factors that ensure and aid independence of the judiciary/Ways of guaranteeing the independence of the Judiciary)
i. Appointments: to ensure independence of the judiciary is maintained, its officials should not be appointed by the executive arm of government.
ii. Immunity: judges should be immune, as it obtains in almost every country, from prosecution for anything they say in the performance of their duties.
iii. Separation: if the Judiciary is separated from other arms of government, the independence will be ensured.
iv. Remuneration: salaries of Judges and Magistrates should be paid from the consolidated fund and should not be subject to executive or legislative manipulation.
v. Promotion: Judges and Magistrates should not not be promoted by the executive but by a neutral body.
vi. Dismissal: Judges should not be dismissed by the executive if the independence of the Judiciary is to be maintained.
vii. Better treatment: If officials of the judiciary receive better treatments, it will enhance their independence.
viii. Funding: To ensure the independence of the Judiciary, it should not be funded by the executive.
ix. Long Tenure of Office: If the position of Judges and Magistrates are secured for a longer time, it will help to ensure independence of the judiciary.
EVALUATION
1. How can the independence of the judiciary be guaranteed in safeguarding the rights of a citizens.
e. Factors That Limit The Independence Of The Judiciary.
For the judiciary to pass impartial judgment, it must be independent. In practice however, the judiciary has never been completely independent. There are some factors that limit the independence of the judiciary.
i. The mode of appointment may limit the independence of the judiciary. In many countries such as Nigeria and Britain, judges are appointed by the president or prime minister and not by a neutral body. These executives use their position to appoint persons that are loyal to them and such persons carry out their dictates.
ii. In safeguarding the independence of the Judiciary, the executive should not have powers to dismiss Judges.
iii. Lack of separation of powers limits the independence of the judiciary.
iv. Independence of the judiciary may be limited by executive or political interference by the president or prime minister or his agents such as the Attorney General.
v. The powers of the legislature makes it possible for the judiciary to be amended in the constitution. For example an act that has been declared unconstitutional by the judiciary can be made constitutional through a amendment.
vi. The chief executive has power to issue pardon for offences against the state. He has thus set aside judicial decisions.
vii. In modern times, the practice of establishing special or administrative tribunals as quasi-judicial bodies(e.g. in Nigeria armed robbery tribunal, foreign exchange tribunal, inland revenue courts, etc) to handle certain cases, erodes the independence of the judiciary. The special tribunals do not grant the rights of appeal against their judgments.
viii. Also, limiting the independence of the judiciary is the enactment of retroactive laws i.e. laws deemed to have taken effect before their dates of enactment.
Honesty And Integrity
Certain personal qualities are indispensable for officials of the judiciary in the course of carrying out their functions. These qualities are honesty and integrity. The judges of law courts especially should possess the attributes of honesty and integrity.
Honesty is the quality of being truthful, sincere and straightforward in one’s dealings with others. Its attributes are respect, truthfulness, integrity, reliability, honest communication, commitment and courage (boldness).
Integrity is the virtue of being honest and firm in one’s moral principles. It has to do with the quality of having transparent sense of moral standards on human relationships. It’s attributes are probity, honesty, commitment, truthfulness, fair-play and non-compromise of principles.
EVALUATION
1. List the attributes of honesty and integrity.
WEEKEND ASSIGNMENT
Objective Test:
1. The body charged with the responsibility of preparing a new constitution in a country is the (a) electoral commission (b) constituent assembly (c) judicial service commission (d) electoral college
2. The institution connected with law adjudication is (a) judiciary (b) police (c) government (d) executive
3. Independence of the judiciary can be enhanced in all the following cases except where (a) salaries of judges are drawn from the consolidated fund (b) the president is also the chief judge (c) judges are paid handsome remuneration (d) judges are politically neutral
Essay Questions
1. Highlight ways of maintaining judicial independence.
Reading Assignment
Read Comprehensive Government by page 46 – 47.
PRE – READING ASSIGNMENT
Read page 67 of comprehensive Government
WEEK 2
TOPIC: SEPARATION OF POWERS.
CONTENT: (a) Separationof Powers in the Arms of Government.
(b) Separation of Personnel Performing Functions.
(c) Examine the Relationship between Separation of Powers and Check and Balances.
(d) Explain the extent of Separation of Powers, Checks and Balances under presidential Systems of Government.
Sub - Topic 1: SEPARATION OF POWERS IN THE ARMS OF GOVERNMENT
Separation of powers is a principle in government which is defined as the division of governmental political powers that exist in any given states into three organs of government. What the principle is saying is that all the amount of governmental political powers that exist in a given state should not be rested or consolidated in one person or one organ of government. If these powers are divided into three organs of government – the legislature, executive and 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” publishes in 1748. Political scientists like Locke, Jefferson, Rousseau, Bodin, Plato and Aristotle had earlier expressed their views on the principle of separation of powers. Montesquieu argued inter alia: 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. That there will be chaos, violence, dictatorship, tyranny and oppression if there is no separation of powers. That the functions of government of law making, execution and adjudication should be handled by different organs of government without interference.
Separation of Personnel Performing Functions.
The principle of separation of powers states that not only should the three arms of government (namely the executive, legislature and the judiciary) be separated but also their functions should be performed by different persons or a body of persons. For example, a member of the legislature should not simultaneously be a minister, nor should a judge hold a cabinet post. The doctrine of separation of powers was popularized by Montesquieu in his book Espirit de Lois in 1748. The doctrine is designed to check the abuse of power by government operators.
Checks and Balances.
Checksandbalancesrefertothatarrangement whereby an arm of government supervisesand checks another arm of government against any possible abuse of power. They act as watchdog of each other.
Relationship Between Separation Of Powers And Checks And Balances.
In terms of personnel and functions, a rigid separation of the various arms of government is not possible. The various arms of government function in such a manner as to serve as checks and balances on one another. In practice, there is no separation of powers; rather there is fusion of powers which enable one arm of government to check any abuse by another arm of government. The degree of checking varying according to the system of government. In reality, the separation of powers and checks and balances are clearly the same. Both aim at:
i. Each arm of government works within the limits of its powers;
ii. Protecting the rights and liberties of the individual in the course of governance.
EVALUATION
1. Explain the term “checks and balances”.
2. Outline the relationship between separation of powers and checks and balances.
The Extent of Separation of Powers, Checks and Balances Under Presidential and Parliamentary Systems of Government.
Separation of Powers in a Parliamentary (Cabinet System of Government.
i. Thereis fusion rather than separation of powers between the executive and legislature in the parliamentary system.
ii. Ministers in parliamentary system belong to both the executive and legislative organs of government.
iii. The executive organ tends to have control of the legislative organ even the judiciary.
iv. The head of the organ in Britain that practice the cabinet system is also a member of the two organs – the executive and the legislature.
v. The executive is collectively responsible to the parliament for its actions.
vi. The parliament can dismiss the entire executive also known as cabinet with its vote of no confidence.
vii. All bills initiated by the executive are passed in the legislature because its member are also parliamentarians who pass these bills.
viii. In Britain, one chamber of the legislature – the House of Lords is the highest court of appeal.
ix. The executive appoints the head of the judiciary who does not really check the activities of those that appointed him.
x. There seems to be no act of separation of powers among the different organs because their functions tend to overlap.
SEPARATION OF POWERS IN THE PRESIDENTIAL SYSTEM OF GOVERNMENT.
i. There is no fusion of powers between the legislatures in the presidential system of government. The two organs are separated both in functions and membership.
ii. Ministers do not belong to both organs – any legislator appointed a minister must resign as a member of legislature in which he was elected.
iii. The legislature and the judiciary are not controlled by the executive.
iv. The president is elected not appointed from the parliament and therefore not controlled by the parliament.
v. The Chief Justice who is the head of the judiciary is not a member of the other two arms of government.
vi. The executive is not collectively responsible to the parliament for its actions. There is no collective responsibility but individual responsibility.
vii. The legislature cannot dismiss the entire cabinet but can remove the president through impeachment on the account of abuse of constitutional powers.
viii. The senate does not act as the court.
ix. The act of judicial review is more visible in the presidential system of government.
x. The act of separation of powers among the different organs of government seem to be more visible in the presidential system far more than cabinet system because the functions of these organs do not overlap as in the cabinet system of government.
CHECKS AND BALANCES IN A CABINET (PARLIAMENTARY) SYSTEM OF GOVERNMENT
In a cabinet system of government, the various arms of government check and balance one another. The illustration include the following: From the cabinet system of government in Britain,
i. The members of the executive, who are also members of the legislature, control the legislative debates by providing the timetable, the procedure and the activities of the legislature.
ii. The legislature and the executive can institute an action for the removal of any Judge.
iii. The executive can invoke the prerogative of mercy in granting pardon to a convict, thus setting aside a judicial decision.
iv. The judiciary has the power to institute a judicial review of any administrative action. Through such review, an action of the executive or the legislature may be declared ultra vires.
v. The legislature must approve the annual appropriation bill.
vi. The legislature can pass a vote of no confidence on the executive. When this happens, the executive vacate office and there is a general election.
CHECKS AND BALANCES IN A PRESIDENTIAL SYSTEM OF GOVERNMENT.
The checks are in three phases: Checks on the legislature, executive and the judiciary.
CHECKS ON THE LEGISLATURE
i. The first check on the legislature is that imposed by the constitution.
ii. The executive can constitute a judicial review commission. The commission review laws passed by the legislature. All laws which are contrary to the constitution may be declared null and void by the judiciary.
iii. The chief executive can veto legislation by the law makers if less than two – third of the law makers voted for such a law.
CHECKS ON THE EXECUTIVE
i. Any bill initiated by the executive has to be approved by the legislature before the bill can become a law. An important example is the appropriation bill.
ii. The chief executive can be impeached by the legislature through an impeachment process laid down in the constitution.
iii. All major appointments by the executive will need legislative approval before such appointments can be effective.
iv. Treaties entered into by the executive will have to be approved by the legislature before such treaties can be binding on the country.
CHECKS ON THE JUDICIARY.
i. The legislature or executive can initiate actions, which if successful,may remove a judge from office.
ii. A person convicted by the highest court of the land may be pardoned by the chief executive. The power to pardon convicts is known as prerogative of mercy and it is an executive check on the judiciary.
EVALUATION
1. Explain the terms: (a) Separation of powers (b) Checks and balances.
2. Outline the relationship between the two terms.
3. Define Separation of Power.
4. Write short note on Separation of personnel performing functions.
WEEKEND ASSIGNMENT
1. The notion of checks and balances is a complement of the principle of separation of powers. Discuss.
2. Explain the terms: (a) Separation of powers (b) Checks and balances.
3. Outline the relationship between the two terms.
4. Define Separation of Power.
5. Write short note on Separation of personnel performing functions.
6. Explain checks on the legislature, executive and judiciary
WEEKEND ASSIGNMENT
1. Which of the following acts as a check on the executive in the control of finances of a state? (a) Judiciary (b) Civil Service (c)Press (d) Legislature
2. The theory of separation of powers was for the first time clearly formulated by (a) Baron de Montesquieu (b) Albert Dicey (c) Lord Bryce (d) Jean Bodin (d) Jean Austin
3. There is no separation in a cabinet system because (a) members of the executive are also members of the parliament (b) the Prime minister and his cabinet ministers are also members of parliament (c) some selected parliamentarians are also judges (d) ministers are also members of the judiciary.
READINGASSIGNMENT:
Read page 63 – 66 of New Approach Government by Oyediran.
PRE-READINGASSIGNMENT:
Read about the rule of law and fundamental human rights of citizens.
CONTENT: (a) Separationof Powers in the Arms of Government.
(b) Separation of Personnel Performing Functions.
(c) Examine the Relationship between Separation of Powers and Check and Balances.
(d) Explain the extent of Separation of Powers, Checks and Balances under presidential Systems of Government.
Sub - Topic 1: SEPARATION OF POWERS IN THE ARMS OF GOVERNMENT
Separation of powers is a principle in government which is defined as the division of governmental political powers that exist in any given states into three organs of government. What the principle is saying is that all the amount of governmental political powers that exist in a given state should not be rested or consolidated in one person or one organ of government. If these powers are divided into three organs of government – the legislature, executive and 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” publishes in 1748. Political scientists like Locke, Jefferson, Rousseau, Bodin, Plato and Aristotle had earlier expressed their views on the principle of separation of powers. Montesquieu argued inter alia: 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. That there will be chaos, violence, dictatorship, tyranny and oppression if there is no separation of powers. That the functions of government of law making, execution and adjudication should be handled by different organs of government without interference.
Separation of Personnel Performing Functions.
The principle of separation of powers states that not only should the three arms of government (namely the executive, legislature and the judiciary) be separated but also their functions should be performed by different persons or a body of persons. For example, a member of the legislature should not simultaneously be a minister, nor should a judge hold a cabinet post. The doctrine of separation of powers was popularized by Montesquieu in his book Espirit de Lois in 1748. The doctrine is designed to check the abuse of power by government operators.
Checks and Balances.
Checksandbalancesrefertothatarrangement whereby an arm of government supervisesand checks another arm of government against any possible abuse of power. They act as watchdog of each other.
Relationship Between Separation Of Powers And Checks And Balances.
In terms of personnel and functions, a rigid separation of the various arms of government is not possible. The various arms of government function in such a manner as to serve as checks and balances on one another. In practice, there is no separation of powers; rather there is fusion of powers which enable one arm of government to check any abuse by another arm of government. The degree of checking varying according to the system of government. In reality, the separation of powers and checks and balances are clearly the same. Both aim at:
i. Each arm of government works within the limits of its powers;
ii. Protecting the rights and liberties of the individual in the course of governance.
EVALUATION
1. Explain the term “checks and balances”.
2. Outline the relationship between separation of powers and checks and balances.
The Extent of Separation of Powers, Checks and Balances Under Presidential and Parliamentary Systems of Government.
Separation of Powers in a Parliamentary (Cabinet System of Government.
i. Thereis fusion rather than separation of powers between the executive and legislature in the parliamentary system.
ii. Ministers in parliamentary system belong to both the executive and legislative organs of government.
iii. The executive organ tends to have control of the legislative organ even the judiciary.
iv. The head of the organ in Britain that practice the cabinet system is also a member of the two organs – the executive and the legislature.
v. The executive is collectively responsible to the parliament for its actions.
vi. The parliament can dismiss the entire executive also known as cabinet with its vote of no confidence.
vii. All bills initiated by the executive are passed in the legislature because its member are also parliamentarians who pass these bills.
viii. In Britain, one chamber of the legislature – the House of Lords is the highest court of appeal.
ix. The executive appoints the head of the judiciary who does not really check the activities of those that appointed him.
x. There seems to be no act of separation of powers among the different organs because their functions tend to overlap.
SEPARATION OF POWERS IN THE PRESIDENTIAL SYSTEM OF GOVERNMENT.
i. There is no fusion of powers between the legislatures in the presidential system of government. The two organs are separated both in functions and membership.
ii. Ministers do not belong to both organs – any legislator appointed a minister must resign as a member of legislature in which he was elected.
iii. The legislature and the judiciary are not controlled by the executive.
iv. The president is elected not appointed from the parliament and therefore not controlled by the parliament.
v. The Chief Justice who is the head of the judiciary is not a member of the other two arms of government.
vi. The executive is not collectively responsible to the parliament for its actions. There is no collective responsibility but individual responsibility.
vii. The legislature cannot dismiss the entire cabinet but can remove the president through impeachment on the account of abuse of constitutional powers.
viii. The senate does not act as the court.
ix. The act of judicial review is more visible in the presidential system of government.
x. The act of separation of powers among the different organs of government seem to be more visible in the presidential system far more than cabinet system because the functions of these organs do not overlap as in the cabinet system of government.
CHECKS AND BALANCES IN A CABINET (PARLIAMENTARY) SYSTEM OF GOVERNMENT
In a cabinet system of government, the various arms of government check and balance one another. The illustration include the following: From the cabinet system of government in Britain,
i. The members of the executive, who are also members of the legislature, control the legislative debates by providing the timetable, the procedure and the activities of the legislature.
ii. The legislature and the executive can institute an action for the removal of any Judge.
iii. The executive can invoke the prerogative of mercy in granting pardon to a convict, thus setting aside a judicial decision.
iv. The judiciary has the power to institute a judicial review of any administrative action. Through such review, an action of the executive or the legislature may be declared ultra vires.
v. The legislature must approve the annual appropriation bill.
vi. The legislature can pass a vote of no confidence on the executive. When this happens, the executive vacate office and there is a general election.
CHECKS AND BALANCES IN A PRESIDENTIAL SYSTEM OF GOVERNMENT.
The checks are in three phases: Checks on the legislature, executive and the judiciary.
CHECKS ON THE LEGISLATURE
i. The first check on the legislature is that imposed by the constitution.
ii. The executive can constitute a judicial review commission. The commission review laws passed by the legislature. All laws which are contrary to the constitution may be declared null and void by the judiciary.
iii. The chief executive can veto legislation by the law makers if less than two – third of the law makers voted for such a law.
CHECKS ON THE EXECUTIVE
i. Any bill initiated by the executive has to be approved by the legislature before the bill can become a law. An important example is the appropriation bill.
ii. The chief executive can be impeached by the legislature through an impeachment process laid down in the constitution.
iii. All major appointments by the executive will need legislative approval before such appointments can be effective.
iv. Treaties entered into by the executive will have to be approved by the legislature before such treaties can be binding on the country.
CHECKS ON THE JUDICIARY.
i. The legislature or executive can initiate actions, which if successful,may remove a judge from office.
ii. A person convicted by the highest court of the land may be pardoned by the chief executive. The power to pardon convicts is known as prerogative of mercy and it is an executive check on the judiciary.
EVALUATION
1. Explain the terms: (a) Separation of powers (b) Checks and balances.
2. Outline the relationship between the two terms.
3. Define Separation of Power.
4. Write short note on Separation of personnel performing functions.
WEEKEND ASSIGNMENT
1. The notion of checks and balances is a complement of the principle of separation of powers. Discuss.
2. Explain the terms: (a) Separation of powers (b) Checks and balances.
3. Outline the relationship between the two terms.
4. Define Separation of Power.
5. Write short note on Separation of personnel performing functions.
6. Explain checks on the legislature, executive and judiciary
WEEKEND ASSIGNMENT
1. Which of the following acts as a check on the executive in the control of finances of a state? (a) Judiciary (b) Civil Service (c)Press (d) Legislature
2. The theory of separation of powers was for the first time clearly formulated by (a) Baron de Montesquieu (b) Albert Dicey (c) Lord Bryce (d) Jean Bodin (d) Jean Austin
3. There is no separation in a cabinet system because (a) members of the executive are also members of the parliament (b) the Prime minister and his cabinet ministers are also members of parliament (c) some selected parliamentarians are also judges (d) ministers are also members of the judiciary.
READINGASSIGNMENT:
Read page 63 – 66 of New Approach Government by Oyediran.
PRE-READINGASSIGNMENT:
Read about the rule of law and fundamental human rights of citizens.
WEEK 3
TOPIC: BASIC PRINCIPLES OF GOVERNMENT (1) RULE OF LAW
CONTENT: (A) Basic Interpretation.
(i) Equality Before the Law. (ii) Supremacy of Regular Law. (iii) Rights to Personal Liberty.
(B) Problems of Application: Fundamental Human Rights.
(i) Social (ii) Political (iii) Economic (d) Access to Information
(C) Means of safeguarding fundamental Human Rights
(D) Limitations of Fundamental Human Rights.
Sub - Topic 1: Basic Interpretation
Rule of Law is the absolute supremacy or predominance of the law over everybody – both rulers and the ruled and all decisions taken in a country.
According to professor A.V. Dicey (a Briton), a professor of English law who developed and popularize the phrase “Rule of Law” in his book titled “introduction to the Law of the Constitution” published in 1885, “those entrusted with the administration of a country should rule or exercise their authority in accordance with the established law of the land and such established law should be regarded as the supreme”. The phrase has other phrases like “that no citizen can be punished except as prescribed by the law; which means that no one can be punished without trial. That the law must be known to all citizens.
The rule of law is the basic fundamental principle of every constitution of the nations of the world but with slight difference from one country to another in the degree of its application.
The rule of law has some interpretations based on certain principles.
The Main Principles and Features Of The Rule Of Law.
i. Equality Before the Law: In Dicey’s views, all men are equal before the laws of the land. all citizens of a country should enjoy equal access to law facilities, equal right to fair hearing, legal advice in the court of law.
ii. Impartiality: This principle assumes the notion of legality, which means due process of law in dealing with offenders.
iii. The Rights of the individual: 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 to seek redress in a law court.
OTHER PRINCIPLES AND FEATURES OF THE RULE OF LAW.
i. Absolute supremacy or dominance of law over everybody in the land (supremacy of the law)
ii. Access to legal facilities.
iii. Provision of the constitution.
iv. Fair hearing.
v. The law should be made public.
vi. Right to appeal.
vii. Backdating of laws.
viii. There should be no government censorship or influence of the press.
ix. Punishment must agree with offence committed.
EVALUATION
1. What is Rule of Law?
2. Highlight six principles (features) of the rule of law.
PROBLEMS OF APPLICATION OF THE RULE OF LAW.
The concept of the rule of law is limited in term of application because of the following:
i. Diplomatic Immunity: In international law, foreign diplomats are not tried under the laws of their host countries.
ii. Parliamentary immunity: Parliamentarians cannot be charged to court for their utterances during parliamentary sessions.
iii. Delegated legislation.
iv. Administrative tribunals.
v. Inadequate independence of the judiciary.
vi. Immunity of judges.
vii. Illiteracy and ignorance.
viii. State of emergency.
FACTORS THAT CAN ENSURE THE OPERATION OF THE RULE OF LAW.
i. Independentjudiciary
ii. Pressfreedom
iii. The law to be kept open
iv. Quick dispensation of justice
v. Period of detention
vi. Public trial.
vii. Power separation
viii. To seek redress in court
ix. Democracy
x. Right to appeal
EVALUATION
1. What are the limitations to the application of the Rule of Law?
2. Discuss the factors that can ensure or aid the successful operation of the Rule of Law.
FUNDAMENTAL HUMAN RIGHTS
Right may be defined as certain privileges that every citizen enjoys in a country irrespective of sex, tribe or creed. These rights are natural, civil, political, and legal. The state has the right to protect and guarantee these rights.
CIVIC RIGHTS
i. Right to life: this means that every human being has the right to live.
ii. Right to personal liberty: This recognizes freedom from unlawful arrest, intimidation and detention.
iii. Right to dignity of human persons: The dignity of the individual persons should be respected.
iv. Right to education: this means right to enjoy basic education.
v. Right to freedom of thought, conscience and religion: every human being has right to any religion of his choice. In addition to enjoyment of freedom of thought and conscience.
vi. Right to freedom of Speech/expression and publication (press): this implies freedom to say or air one’s own opinion without restriction or censor, slander or libel.
vii. Right to private and family life: This means that every human being is entitled to enjoy family life without any disturbance.
viii. Right to social life and social amenities: It means that citizens has the right to live together and free to enjoy all facilities as provided by the government, like water, electricity, education, communication, health facilities, etc.
POLITICAL RIGHTS
i. Right to vote and be voted for: This means you can vote and be voted for. You can vie for any public office or exercise voting right by voting for any candidate of your choice.
ii. Right to serve in any public office.
iii. Right to criticize the government: This must be constructive and not destructive or abusive.
ECONOMIC RIGHTS
i. Right to own property: Everyhumanbeinghas the right to aspire or to actually own property.
ii. Right to gainful employment: It means right to work in any part of the country.
iii. Right against compulsory acquisition of property without adequate compensation.
EVALUATION
1. Define the Rights of a Citizen.
2. Outline six civic rights of a citizen.
3. What are the political rights of a Nigerian citizens?
4. Give three economic rights.
MEANS (WAYS)OFSAFEGUARDINGFUNDAMENTALHUMANRIGHTS
i. The constitution: the entrenchment of fundamental human right of citizens in the constitution is a way of safeguarding their rights, e.g. right to life, freedom of speech, etc.
ii. Existence of the principles of the rule of law: The government under the principles of the rule ogf law has an obligation in ensuring the existence of civil liberty and equality of all citizens.
iii. Independence of the Judiciary: For citizens to enjoy their rights, the judiciary should be free from the interference and control of both the executive and the legislature.
iv. Freedom of the press: The press should be free to serve as the watchdogfor the rights of all citizens.
v. Activities of the opposition: The opposition, whether in government or outside it, is a powerful instrument for protecting the rights of the citizens. It makes government to be on its toes as per the rights of citizens.
vi. Consciousness and vigilance of citizens over their rights: People must be vigilant so as to be able to protect their rights.
vii. Establishment of Human Rights Commission: E.g. Ombusman/Public Complaint Commission.
viii. Respect for international conventions on human rights of citizens.
ix. Provision of legal aids to indigents or disabled members of the society to ensure their protection from injustice.
x. Provision of social and economic facilities. E.g. schools, hospitals and employment opportunities to ensure the well-being of citizens.
xi. Proper enforcement of law and order by the security agencies and community.
xii. Adherence to the doctrine of the separation of powers with effective checks and balances. This intended to avoid undue interference and abuse.
LIMITATIONS TO CITIZENS RIGHTS
i. Right to life can be limited by criminals being executed through due process of law, war, disease, riot, disaster, etc.
ii. Right to dignity of human person can be limited by law enforcement agents’ brutality, ignorance, illiteracy, government’s power, insanity, religion, culture, disaster, poverty, etc.
iii. Right to freedom of thought, conscience and religion can be restricted by the type of government in power, especially fascist or totalitarian governments always restrict freedom.
iv. Right to education can can be limited by the type of government in power, poverty or disease or police brutality.
v. Right to peaceful assembly and association can be limited by war, state of emergency, disease, violence, law on cultism and secrete societies, etc.
vi. Right to freedom of movement can be limited by police arrest and detention of suspects, imposition of curfew.
vii. Right to freedom of discrimination can be limited by diseases, age, sex, race, partisan politics, tribalism, etc.
EVALUATION
1. Highlight five rights of citizens.
2. What are the limitations to these rights?
WEEKEND ASSIGNMENT
1. What factors hinder the full adherence to the principles of Rule of Law?
2. Highlight five right s of citizens.
3. What are the limitations to these rights?
4. Outline 3 major principles of the rule of law.
OBJECTIVE QUESTIONS
1. One of the limitations on freedom of speech is (a) libel (b) trespassing (c) bye-laws (d) unlawful detention
2. A citizen’s freedom of movement may be restrain if he (a) has refused to salute the Head of state (b) has been convicted by the court (c) refuses to vote at elections (d) criticizes the government
3. The principle of the rule of law was popularized by (a) Gabriel Almond (b) Charles Montesquieu (c) Jean Bodin ((d) A.V. Dicey
4. The principle of rule of law can be defined as (a) Supremacy of the National Assembly (b) subordination of the legislature to the judiciary (c) supremacy of the law over all the people in a state (c) supreme authority of traditional ruler
5. Which of the principles negates the concept of the rule of law? (a) Supremacy of the law (b) Prevention of arbitrariness in authority (c) equality before the law (d) exercise of absolute power by the president
READING ASSIGNMENT: Read Comprehensive Government pages 62 – 65.
PRE-READING ASSIGNMENT: Read about Representative government.
CONTENT: (A) Basic Interpretation.
(i) Equality Before the Law. (ii) Supremacy of Regular Law. (iii) Rights to Personal Liberty.
(B) Problems of Application: Fundamental Human Rights.
(i) Social (ii) Political (iii) Economic (d) Access to Information
(C) Means of safeguarding fundamental Human Rights
(D) Limitations of Fundamental Human Rights.
Sub - Topic 1: Basic Interpretation
Rule of Law is the absolute supremacy or predominance of the law over everybody – both rulers and the ruled and all decisions taken in a country.
According to professor A.V. Dicey (a Briton), a professor of English law who developed and popularize the phrase “Rule of Law” in his book titled “introduction to the Law of the Constitution” published in 1885, “those entrusted with the administration of a country should rule or exercise their authority in accordance with the established law of the land and such established law should be regarded as the supreme”. The phrase has other phrases like “that no citizen can be punished except as prescribed by the law; which means that no one can be punished without trial. That the law must be known to all citizens.
The rule of law is the basic fundamental principle of every constitution of the nations of the world but with slight difference from one country to another in the degree of its application.
The rule of law has some interpretations based on certain principles.
The Main Principles and Features Of The Rule Of Law.
i. Equality Before the Law: In Dicey’s views, all men are equal before the laws of the land. all citizens of a country should enjoy equal access to law facilities, equal right to fair hearing, legal advice in the court of law.
ii. Impartiality: This principle assumes the notion of legality, which means due process of law in dealing with offenders.
iii. The Rights of the individual: 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 to seek redress in a law court.
OTHER PRINCIPLES AND FEATURES OF THE RULE OF LAW.
i. Absolute supremacy or dominance of law over everybody in the land (supremacy of the law)
ii. Access to legal facilities.
iii. Provision of the constitution.
iv. Fair hearing.
v. The law should be made public.
vi. Right to appeal.
vii. Backdating of laws.
viii. There should be no government censorship or influence of the press.
ix. Punishment must agree with offence committed.
EVALUATION
1. What is Rule of Law?
2. Highlight six principles (features) of the rule of law.
PROBLEMS OF APPLICATION OF THE RULE OF LAW.
The concept of the rule of law is limited in term of application because of the following:
i. Diplomatic Immunity: In international law, foreign diplomats are not tried under the laws of their host countries.
ii. Parliamentary immunity: Parliamentarians cannot be charged to court for their utterances during parliamentary sessions.
iii. Delegated legislation.
iv. Administrative tribunals.
v. Inadequate independence of the judiciary.
vi. Immunity of judges.
vii. Illiteracy and ignorance.
viii. State of emergency.
FACTORS THAT CAN ENSURE THE OPERATION OF THE RULE OF LAW.
i. Independentjudiciary
ii. Pressfreedom
iii. The law to be kept open
iv. Quick dispensation of justice
v. Period of detention
vi. Public trial.
vii. Power separation
viii. To seek redress in court
ix. Democracy
x. Right to appeal
EVALUATION
1. What are the limitations to the application of the Rule of Law?
2. Discuss the factors that can ensure or aid the successful operation of the Rule of Law.
FUNDAMENTAL HUMAN RIGHTS
Right may be defined as certain privileges that every citizen enjoys in a country irrespective of sex, tribe or creed. These rights are natural, civil, political, and legal. The state has the right to protect and guarantee these rights.
CIVIC RIGHTS
i. Right to life: this means that every human being has the right to live.
ii. Right to personal liberty: This recognizes freedom from unlawful arrest, intimidation and detention.
iii. Right to dignity of human persons: The dignity of the individual persons should be respected.
iv. Right to education: this means right to enjoy basic education.
v. Right to freedom of thought, conscience and religion: every human being has right to any religion of his choice. In addition to enjoyment of freedom of thought and conscience.
vi. Right to freedom of Speech/expression and publication (press): this implies freedom to say or air one’s own opinion without restriction or censor, slander or libel.
vii. Right to private and family life: This means that every human being is entitled to enjoy family life without any disturbance.
viii. Right to social life and social amenities: It means that citizens has the right to live together and free to enjoy all facilities as provided by the government, like water, electricity, education, communication, health facilities, etc.
POLITICAL RIGHTS
i. Right to vote and be voted for: This means you can vote and be voted for. You can vie for any public office or exercise voting right by voting for any candidate of your choice.
ii. Right to serve in any public office.
iii. Right to criticize the government: This must be constructive and not destructive or abusive.
ECONOMIC RIGHTS
i. Right to own property: Everyhumanbeinghas the right to aspire or to actually own property.
ii. Right to gainful employment: It means right to work in any part of the country.
iii. Right against compulsory acquisition of property without adequate compensation.
EVALUATION
1. Define the Rights of a Citizen.
2. Outline six civic rights of a citizen.
3. What are the political rights of a Nigerian citizens?
4. Give three economic rights.
MEANS (WAYS)OFSAFEGUARDINGFUNDAMENTALHUMANRIGHTS
i. The constitution: the entrenchment of fundamental human right of citizens in the constitution is a way of safeguarding their rights, e.g. right to life, freedom of speech, etc.
ii. Existence of the principles of the rule of law: The government under the principles of the rule ogf law has an obligation in ensuring the existence of civil liberty and equality of all citizens.
iii. Independence of the Judiciary: For citizens to enjoy their rights, the judiciary should be free from the interference and control of both the executive and the legislature.
iv. Freedom of the press: The press should be free to serve as the watchdogfor the rights of all citizens.
v. Activities of the opposition: The opposition, whether in government or outside it, is a powerful instrument for protecting the rights of the citizens. It makes government to be on its toes as per the rights of citizens.
vi. Consciousness and vigilance of citizens over their rights: People must be vigilant so as to be able to protect their rights.
vii. Establishment of Human Rights Commission: E.g. Ombusman/Public Complaint Commission.
viii. Respect for international conventions on human rights of citizens.
ix. Provision of legal aids to indigents or disabled members of the society to ensure their protection from injustice.
x. Provision of social and economic facilities. E.g. schools, hospitals and employment opportunities to ensure the well-being of citizens.
xi. Proper enforcement of law and order by the security agencies and community.
xii. Adherence to the doctrine of the separation of powers with effective checks and balances. This intended to avoid undue interference and abuse.
LIMITATIONS TO CITIZENS RIGHTS
i. Right to life can be limited by criminals being executed through due process of law, war, disease, riot, disaster, etc.
ii. Right to dignity of human person can be limited by law enforcement agents’ brutality, ignorance, illiteracy, government’s power, insanity, religion, culture, disaster, poverty, etc.
iii. Right to freedom of thought, conscience and religion can be restricted by the type of government in power, especially fascist or totalitarian governments always restrict freedom.
iv. Right to education can can be limited by the type of government in power, poverty or disease or police brutality.
v. Right to peaceful assembly and association can be limited by war, state of emergency, disease, violence, law on cultism and secrete societies, etc.
vi. Right to freedom of movement can be limited by police arrest and detention of suspects, imposition of curfew.
vii. Right to freedom of discrimination can be limited by diseases, age, sex, race, partisan politics, tribalism, etc.
EVALUATION
1. Highlight five rights of citizens.
2. What are the limitations to these rights?
WEEKEND ASSIGNMENT
1. What factors hinder the full adherence to the principles of Rule of Law?
2. Highlight five right s of citizens.
3. What are the limitations to these rights?
4. Outline 3 major principles of the rule of law.
OBJECTIVE QUESTIONS
1. One of the limitations on freedom of speech is (a) libel (b) trespassing (c) bye-laws (d) unlawful detention
2. A citizen’s freedom of movement may be restrain if he (a) has refused to salute the Head of state (b) has been convicted by the court (c) refuses to vote at elections (d) criticizes the government
3. The principle of the rule of law was popularized by (a) Gabriel Almond (b) Charles Montesquieu (c) Jean Bodin ((d) A.V. Dicey
4. The principle of rule of law can be defined as (a) Supremacy of the National Assembly (b) subordination of the legislature to the judiciary (c) supremacy of the law over all the people in a state (c) supreme authority of traditional ruler
5. Which of the principles negates the concept of the rule of law? (a) Supremacy of the law (b) Prevention of arbitrariness in authority (c) equality before the law (d) exercise of absolute power by the president
READING ASSIGNMENT: Read Comprehensive Government pages 62 – 65.
PRE-READING ASSIGNMENT: Read about Representative government.
WEEK 4
TOPIC: REPRESENTATIVE GOVENMENT AND POLITICAL PARTICIPATION
CONTENT:
1. REPRESENTATIVE GOVENMENT
a. Meaning of Representative Government
b. Means of Establishing Representative Government
c. Advantages and disadvantages of Representative Government
2. POITICAL PARTICIPATION
a. Meaning of Political Participation
b. Forms of Political Participation
c. Purpose of Political Participation
REPRESENTATIVE GOVENMENT
a. Meaning of Representative Government
Representative Government is a feature of modern democracy (Indirect Democracy). It means government made up of appointed or elected individuals. It can also be defined as a group of methods of establishment intended to produce a high level of representation in a population.
Modern democracies conduct representation according to geographical areas often called constituencies.
b. Features and means of establishing representative government include the following:
i. Free and fair election
ii. Independent electoral commission
iii. Proper constituency delimitations
iv. Up-to-date electoral register
v. Periodic election
vi. Enlightened Electorate (Political Education)
vii. Accountability
viii. Toleration
ix. Free press
x. Rule of law
xi. Universal adult suffrage
xii. Existence of law court
xiii. Advantages and disadvantages of Representative Government
c. Advantages of Representative Government
i. It allows for people’s participation
ii. Election is the yardstick
iii. The system is simple to operate and it saves time
iv. Choice of leaders
v. The elected leaders are accountable
vi. Representative government upholds democracy thus hindering the emergence of a dictator
DISADVANTAGES OF REPRESENTATIVES GOVERNMENT
i. Costly to run. Too much money is needed for election
ii. Corruption – some politicians with the aim of acquiring power by force get involved in corrupt practices
iii. No true independence of the judiciary
iv. Rigging of election
v. General believe of people: responsible and honest men are scared of contesting in an election because they believe election is a dirty game
vi. Illiteracy
EVALUATION
1. Explain the term Representative Government
2. What condition is essential for the existence of a representative government?
POITICAL PARTICIPATION:
Meaning of Political Participation
Political participation involves a voluntary participation of individuals or citizens in the political activities of their country. It is a situation or process where the citizens have the opportunity of electing their political leaders and taking part in the decision making in their country.
Forms of political participation
Individual’s political participation may take the following forms:
i. Contesting election: This is one form of political participation. The individual or a citizen can stand as a candidate for an elective post to represent his party
ii. Joining and belonging to a political party: The individual is actively involved in politics. He takes part in all activities e.g. campaigns, rallies, etc.
iii. Holding of public offices: The citizen participation in politics by holding public office and this affords him the opportunity of contributing to the decision-making process of his country.
iv. Sponsoring of political parties: a wealthy individual may not be active politically, but may sponsor a political party and this makes him participate politically.
v. Partial participation: a citizen may be active politically by attending or taking part in political activities e.g. rallies, conventions etc. Some also write on political issues in the news papers.
vi. Observatory posture: here the individual is an observer. He may not belong to any political party but may have interest in polities only by listening to discussions on political issues.
vii. As a voter: voting in election makes an individual to be involved or to participate in politics.
viii. As a polling agent: a citizen representing his party at the polls is actively involved in politics.
ix. Demonstration: When citizens take part in demonstration on national issues they participate in politics.
Purpose of Political Participation
i. Decision-making
ii. Failure of past governments
iii. Correction of ills in the society
iv. Avenue for money making
v. For respect and prestige
vi. As occupation
vii. Management of the nations resource
EVALUATION:
1. What is political participation?
2. How does a citizen participate in politics?
3. Give five (5) reasons why citizens participate in politics
4. State five (5) features of a representative government
CONTENT:
1. REPRESENTATIVE GOVENMENT
a. Meaning of Representative Government
b. Means of Establishing Representative Government
c. Advantages and disadvantages of Representative Government
2. POITICAL PARTICIPATION
a. Meaning of Political Participation
b. Forms of Political Participation
c. Purpose of Political Participation
REPRESENTATIVE GOVENMENT
a. Meaning of Representative Government
Representative Government is a feature of modern democracy (Indirect Democracy). It means government made up of appointed or elected individuals. It can also be defined as a group of methods of establishment intended to produce a high level of representation in a population.
Modern democracies conduct representation according to geographical areas often called constituencies.
b. Features and means of establishing representative government include the following:
i. Free and fair election
ii. Independent electoral commission
iii. Proper constituency delimitations
iv. Up-to-date electoral register
v. Periodic election
vi. Enlightened Electorate (Political Education)
vii. Accountability
viii. Toleration
ix. Free press
x. Rule of law
xi. Universal adult suffrage
xii. Existence of law court
xiii. Advantages and disadvantages of Representative Government
c. Advantages of Representative Government
i. It allows for people’s participation
ii. Election is the yardstick
iii. The system is simple to operate and it saves time
iv. Choice of leaders
v. The elected leaders are accountable
vi. Representative government upholds democracy thus hindering the emergence of a dictator
DISADVANTAGES OF REPRESENTATIVES GOVERNMENT
i. Costly to run. Too much money is needed for election
ii. Corruption – some politicians with the aim of acquiring power by force get involved in corrupt practices
iii. No true independence of the judiciary
iv. Rigging of election
v. General believe of people: responsible and honest men are scared of contesting in an election because they believe election is a dirty game
vi. Illiteracy
EVALUATION
1. Explain the term Representative Government
2. What condition is essential for the existence of a representative government?
POITICAL PARTICIPATION:
Meaning of Political Participation
Political participation involves a voluntary participation of individuals or citizens in the political activities of their country. It is a situation or process where the citizens have the opportunity of electing their political leaders and taking part in the decision making in their country.
Forms of political participation
Individual’s political participation may take the following forms:
i. Contesting election: This is one form of political participation. The individual or a citizen can stand as a candidate for an elective post to represent his party
ii. Joining and belonging to a political party: The individual is actively involved in politics. He takes part in all activities e.g. campaigns, rallies, etc.
iii. Holding of public offices: The citizen participation in politics by holding public office and this affords him the opportunity of contributing to the decision-making process of his country.
iv. Sponsoring of political parties: a wealthy individual may not be active politically, but may sponsor a political party and this makes him participate politically.
v. Partial participation: a citizen may be active politically by attending or taking part in political activities e.g. rallies, conventions etc. Some also write on political issues in the news papers.
vi. Observatory posture: here the individual is an observer. He may not belong to any political party but may have interest in polities only by listening to discussions on political issues.
vii. As a voter: voting in election makes an individual to be involved or to participate in politics.
viii. As a polling agent: a citizen representing his party at the polls is actively involved in politics.
ix. Demonstration: When citizens take part in demonstration on national issues they participate in politics.
Purpose of Political Participation
i. Decision-making
ii. Failure of past governments
iii. Correction of ills in the society
iv. Avenue for money making
v. For respect and prestige
vi. As occupation
vii. Management of the nations resource
EVALUATION:
1. What is political participation?
2. How does a citizen participate in politics?
3. Give five (5) reasons why citizens participate in politics
4. State five (5) features of a representative government
WEEK 5
TOPIC: CENTRALIZATION AND DECENTRALIZATION
CONTENT:
a. Centralization
b. Decentralization
c. Forms of centralization
i. Devolution
ii. Deconcentration
d. Advantages and disadvantages of Centralization
e. Advantages and disadvantages of decentralization
Sub-Topic: CENTRALIZATION AND DECENTRALIZATION
The term centralization refers to a system of administration in which power is derived from and concentrated in one single authority. Decentralizationrefers to a system of governmental administration in which powers are not concentrated in a single central authority only, but shared with component regions, states, provinces and local units. Such powers are clearly specified in the constitution or enabling/law of a country. It involves devolution, delegation and deconcentration of powers. It can also be defined as a system in which power is not located in one central authority or agency of government. Under a decentralized system, there is transfer of power to other levels of authorities. A unitary system of government is a centralized system while a federal system of government is an example of decentralized government.
Forms of decentralization
There are two types of decentralization - devolution and deconcentration
Devolution
Is the process whereby semi autonomous units are created and given part of government powers and functions? These units can perform certain functions with considerable autonomy e.g. the relationship between the central and state government in a federal state. Both derive their powers from the constitution. Thus there is no control on devolved powers.
In a unitary system of government devolved powers come from the central government and control can be exercised by the central government. Local government units remain subordinate to the central government and are empowered to overrule any decision of the local governments.
Deconcentrations:refers to a model/system of administration in which political powers are shared in such a way that the component units (states/regions) are not directly subordinate to the central authority. The component units derive the powers and authority from the constitution It can also be defined as the delegation of supervised and controlled administrative powers to local units. It is always used in connection with field administration and agency. Under deconcentration authority is always delegated to field units of the same department or ministry. Example of deconcentration is NEPA, JAMB, WAEC, Nigeria Airways, etc.
Advantages of Centralization
i. Decision making powers
ii. Lower cost
iii. It makes for quick action
iv. Flexible constitution
v. Makes for a strong government
vi. No conflict of authority
vii. Coordination of function
viii. Less bureaucratic
ix. Unity
Disadvantages of centralization
i. Remoteness
ii. Rigidity and inflexible response
iii. Stagnation
iv. Dictatorship
v. Small territories
vi. Homogenous society
vii. Interest group
viii. Amendment of the constitution
ix. Political participation and decision making
x. Secession
Advantages of Decentralization
i. Quick development
ii. Competition among units in terms of development
iii. It brings government nearer to the people
iv. Absence of domination
v. Political unity
vi. Wider consultation
vii. Matters of local interest
viii. It reduces the work load of the central government.
Disadvantages of Decentralization
i. Costly to operate
ii. Delay in taking quick decision
iii. Differences in the level of development
iv. Weak centre
v. Duplication of position in government
vi. Sectionalism
EVALUATION
1. Explain these terms
a. Centralization
b. Decentralization
2. Explain the two types of decentralization
3. Outline any five importance of decentralization
4. What are the merits and demerits of centralization?
WEEKEND ASSIGNMENT
Objective Test:
1. Centralization of power is a basic feature of......
(a) Federal government (b) unitary government (c) presidential government (d) parliamentary government (e) confederal government
2. The transfer of political powers to local authorities by the central government is known as....
(a) Devolution of power (b) devolution of political post (c) deconcentration of legislative powers (d) decentralization of government business (e) decentralization of politics
3. A disadvantage of centralized administration is that.....
(a) Wide powers are allocated to sub-national bodies (b) the influence of the central administration is easily felt by the local people (c) local people are not easily exploited by sub-national agents (d) sub-national bodies denied initiative in decision making
READING ASSIGNMENT
Read pages 81 to 83 of Essential Government by C.C. Dibie
PRE READING ASSIGNMENT
Read pages 70 t0 71 of New Approach Government by Oyediran, Nwosu.
CONTENT:
a. Centralization
b. Decentralization
c. Forms of centralization
i. Devolution
ii. Deconcentration
d. Advantages and disadvantages of Centralization
e. Advantages and disadvantages of decentralization
Sub-Topic: CENTRALIZATION AND DECENTRALIZATION
The term centralization refers to a system of administration in which power is derived from and concentrated in one single authority. Decentralizationrefers to a system of governmental administration in which powers are not concentrated in a single central authority only, but shared with component regions, states, provinces and local units. Such powers are clearly specified in the constitution or enabling/law of a country. It involves devolution, delegation and deconcentration of powers. It can also be defined as a system in which power is not located in one central authority or agency of government. Under a decentralized system, there is transfer of power to other levels of authorities. A unitary system of government is a centralized system while a federal system of government is an example of decentralized government.
Forms of decentralization
There are two types of decentralization - devolution and deconcentration
Devolution
Is the process whereby semi autonomous units are created and given part of government powers and functions? These units can perform certain functions with considerable autonomy e.g. the relationship between the central and state government in a federal state. Both derive their powers from the constitution. Thus there is no control on devolved powers.
In a unitary system of government devolved powers come from the central government and control can be exercised by the central government. Local government units remain subordinate to the central government and are empowered to overrule any decision of the local governments.
Deconcentrations:refers to a model/system of administration in which political powers are shared in such a way that the component units (states/regions) are not directly subordinate to the central authority. The component units derive the powers and authority from the constitution It can also be defined as the delegation of supervised and controlled administrative powers to local units. It is always used in connection with field administration and agency. Under deconcentration authority is always delegated to field units of the same department or ministry. Example of deconcentration is NEPA, JAMB, WAEC, Nigeria Airways, etc.
Advantages of Centralization
i. Decision making powers
ii. Lower cost
iii. It makes for quick action
iv. Flexible constitution
v. Makes for a strong government
vi. No conflict of authority
vii. Coordination of function
viii. Less bureaucratic
ix. Unity
Disadvantages of centralization
i. Remoteness
ii. Rigidity and inflexible response
iii. Stagnation
iv. Dictatorship
v. Small territories
vi. Homogenous society
vii. Interest group
viii. Amendment of the constitution
ix. Political participation and decision making
x. Secession
Advantages of Decentralization
i. Quick development
ii. Competition among units in terms of development
iii. It brings government nearer to the people
iv. Absence of domination
v. Political unity
vi. Wider consultation
vii. Matters of local interest
viii. It reduces the work load of the central government.
Disadvantages of Decentralization
i. Costly to operate
ii. Delay in taking quick decision
iii. Differences in the level of development
iv. Weak centre
v. Duplication of position in government
vi. Sectionalism
EVALUATION
1. Explain these terms
a. Centralization
b. Decentralization
2. Explain the two types of decentralization
3. Outline any five importance of decentralization
4. What are the merits and demerits of centralization?
WEEKEND ASSIGNMENT
Objective Test:
1. Centralization of power is a basic feature of......
(a) Federal government (b) unitary government (c) presidential government (d) parliamentary government (e) confederal government
2. The transfer of political powers to local authorities by the central government is known as....
(a) Devolution of power (b) devolution of political post (c) deconcentration of legislative powers (d) decentralization of government business (e) decentralization of politics
3. A disadvantage of centralized administration is that.....
(a) Wide powers are allocated to sub-national bodies (b) the influence of the central administration is easily felt by the local people (c) local people are not easily exploited by sub-national agents (d) sub-national bodies denied initiative in decision making
READING ASSIGNMENT
Read pages 81 to 83 of Essential Government by C.C. Dibie
PRE READING ASSIGNMENT
Read pages 70 t0 71 of New Approach Government by Oyediran, Nwosu.
WEEK 6
TOPIC: DELEGATED LEGISLATION
DATE: ………………………………
CONTENT:
a. Meaning of Delegated Legislation
b. Forms of Delegated Legislation
c. Control of Delegated Legislation
d. Advantages and Disadvantages of Delegated Legislation
Meaning of Delegated Legislation
Delegated Legislation may be defined as laws, rules and regulations made by other bodies or persons other than the legislature. The legislature delegates part of its law making function to individuals, groups of individuals, ministries, corporation, local governments etc.
Forms or types of delegated legislature
i. Orders in council
ii. Bye-laws
iii. Provisional orders
iv. Statutory Instruments
v. Special procedure orders
vi. Warrants
EVALUATION
1. Define delegated legislation
2. List and explain six forms of delegated legislation
Control of Delegated Legislation
i. Parliamentary control
ii. Committee on statutory instrument
iii. Judicial or legal or court control
iv. Ministerial control
v. Ministerial accountability
vi. Financial control
vii. Public outcry or public opinion
viii. Press criticism
ix. Public enquiry
Advantages of delegated legislation
i. Time saving: delegated legislation saves parliamentarians time and energy in deliberating on minor laws
ii. Suitable for emergency periods
iii. Use of experts In Technical subject: experts are given opportunities to make laws on their different field.
iv. It gives room for flexibility
v. Allows for experimentation
vi. Conforms to local needs
vii. Easy to understand
viii. Lessen the pressure on parliament
ix. It helps to bring government nearer to the people
x. It saves costs
Disadvantages of delegated legislation
i. It is prone to abuse: Due to the fact that delegated powers are loosely defined by parent Acts, organizations, departments and individuals are prone to abuse such powers.
ii. It is against separation of powers: delegated legislation when viewed with Montesquieu principle of separation of powers runs contrary to it because legislative function is not supposed to be shared with executive arm
iii. It is a violation of rule of law: the attributes of delegated legislation violates the rule of law
iv. Lack of effective control by the Parliament and courts of law that are supposed to control delegated legislation from misuse of power.
v. Red Tapism: delegated legislation may lead to excessive use of formalities by the officials that will result in delays especially during emergency periods.
vi. Makes judicial review difficult: indiscriminate making of laws by many organs makes judicial review difficult.
vii. It is undemocratic: it is undemocratic because it encourages those without the people’s mandate to make laws
viii. Reduces the supremacy of the parliament in law making because the executive is involved in delegated legislature.
ix. Encouragement of dictatorship: the executive arm can become dictatorial as a result of the power vested in it by delegated legislation especially during emergency period.
x. Violation of fundamental human rights.
xi. Inadequate publicity
EVALUATION
Why is delegated legislation necessary in modern governments?
WEEKEND ASSIGNMENT
1. One of the criticisms against delegated legislation is that it ..... (a) gives too much power to all organs of government (b) enhances separation of power (c) encroaches on parliamentary power (d) is not practiced in advanced countries (e) is only practiced in large countries
2. Delegated legislation is suitable for ....(a) relieving the parliament of its work load (b) enthroning the rule of law (c) ensuring the fusion of powers (d) checking the executive arm of government (e) Safeguarding the citizens liberty
READING ASSIGNMENT
Page 66-67 of comprehensive government by Johnson Ugoji
PRE READING ASSIGNMENT
Page 65-68 of round-up government by IbiyemeOyeneye
DATE: ………………………………
CONTENT:
a. Meaning of Delegated Legislation
b. Forms of Delegated Legislation
c. Control of Delegated Legislation
d. Advantages and Disadvantages of Delegated Legislation
Meaning of Delegated Legislation
Delegated Legislation may be defined as laws, rules and regulations made by other bodies or persons other than the legislature. The legislature delegates part of its law making function to individuals, groups of individuals, ministries, corporation, local governments etc.
Forms or types of delegated legislature
i. Orders in council
ii. Bye-laws
iii. Provisional orders
iv. Statutory Instruments
v. Special procedure orders
vi. Warrants
EVALUATION
1. Define delegated legislation
2. List and explain six forms of delegated legislation
Control of Delegated Legislation
i. Parliamentary control
ii. Committee on statutory instrument
iii. Judicial or legal or court control
iv. Ministerial control
v. Ministerial accountability
vi. Financial control
vii. Public outcry or public opinion
viii. Press criticism
ix. Public enquiry
Advantages of delegated legislation
i. Time saving: delegated legislation saves parliamentarians time and energy in deliberating on minor laws
ii. Suitable for emergency periods
iii. Use of experts In Technical subject: experts are given opportunities to make laws on their different field.
iv. It gives room for flexibility
v. Allows for experimentation
vi. Conforms to local needs
vii. Easy to understand
viii. Lessen the pressure on parliament
ix. It helps to bring government nearer to the people
x. It saves costs
Disadvantages of delegated legislation
i. It is prone to abuse: Due to the fact that delegated powers are loosely defined by parent Acts, organizations, departments and individuals are prone to abuse such powers.
ii. It is against separation of powers: delegated legislation when viewed with Montesquieu principle of separation of powers runs contrary to it because legislative function is not supposed to be shared with executive arm
iii. It is a violation of rule of law: the attributes of delegated legislation violates the rule of law
iv. Lack of effective control by the Parliament and courts of law that are supposed to control delegated legislation from misuse of power.
v. Red Tapism: delegated legislation may lead to excessive use of formalities by the officials that will result in delays especially during emergency periods.
vi. Makes judicial review difficult: indiscriminate making of laws by many organs makes judicial review difficult.
vii. It is undemocratic: it is undemocratic because it encourages those without the people’s mandate to make laws
viii. Reduces the supremacy of the parliament in law making because the executive is involved in delegated legislature.
ix. Encouragement of dictatorship: the executive arm can become dictatorial as a result of the power vested in it by delegated legislation especially during emergency period.
x. Violation of fundamental human rights.
xi. Inadequate publicity
EVALUATION
Why is delegated legislation necessary in modern governments?
WEEKEND ASSIGNMENT
1. One of the criticisms against delegated legislation is that it ..... (a) gives too much power to all organs of government (b) enhances separation of power (c) encroaches on parliamentary power (d) is not practiced in advanced countries (e) is only practiced in large countries
2. Delegated legislation is suitable for ....(a) relieving the parliament of its work load (b) enthroning the rule of law (c) ensuring the fusion of powers (d) checking the executive arm of government (e) Safeguarding the citizens liberty
READING ASSIGNMENT
Page 66-67 of comprehensive government by Johnson Ugoji
PRE READING ASSIGNMENT
Page 65-68 of round-up government by IbiyemeOyeneye
WEEK 7
TOPIC: CITIZENSHIP
CONTENT:
a. Meaning of citizenship
b. Acquisition of citizenship
c. Rights, duties and obligations of citizenship
d. Differences between citizens and non-citizens
Meaning of citizenship
A citizen is any person who is a legal member of a country, who enjoys certain political rights and privileges and is compelled to serve the state in exchange for his rights.
Citizenship is the status conferred on an individual as a member of a country.
Acquisition of citizenship
i. By birth: a person that is born in a country where his or her parents are citizens automatically acquires the citizenship of that country.
ii. Through Naturalization: any foreigner who has lived in a particular country for a period of time can apply to become a citizen of that country after fulfilling all the necessary conditions.
iii. Citizenship by Registration: this is by marriage. If a foreign woman marries a Nigerian man, the woman must register as a citizen of Nigeria after fulfilling the necessary conditions.
iv. By descent: this is when a person’s citizenship is determined by his or her father’s citizenship.
v. Through conferment/ honour: the government of Nigeria may decide to give honour to a foreigner who has outstanding qualities.
vi. By dual citizenship: it is legitimately possible for a citizen to hold citizenship of two countries.
vii. Citizenship by conquest: through conquest after secession struggles.
Rights, Duties and Obligations of a Citizen
The rights of a citizen are the benefits and privileges to which he is entitled for being a citizen of a country. These rights are essentially Human Rights as recognized by the United Nations and embodied in the UN Universal declaration of Human Rights.
The following points are therefore a condensation of the rights in the UN Declaration:
1. Right to life, liberty and security of persons.
2. Right not to be held in slavery or servitude
3. Right not to be subjected to torture or to cruel inhuman or degrading treatment or punishment
4. Right to equality before the law
5. Right not to be subjected to arbitrary arrest, detention or exile
6. Right to be presumed innocent until proved guilty according to law in a public trial
7. Right to freedom of movement
8. Right to freedom of thought and conscience
9. Right to peaceful assembly and association
10. Right to take part in government of one’s country
Duties and obligations of citizens
i. Law abiding: all citizens must obey all the rules and regulations of the society where he is living
ii. Every qualified citizen should vote during election
iii. Loyalty: citizens owes loyalty to the government and to the community where he is living
iv. Protection of public properties
v. Service to the state
vi. Payment of tax
vii. Assisting the law enforcement agencies
viii. Defence of the country
ix. Respect for national flag and anthem of his country.
Difference between citizens and non-citizens
i. The rights of a citizen are irrevocable, while those of a non-citizen could be revoked at any time.
ii. A citizen can vote and be voted for while non-citizen do not have the right to vote.
iii. A citizen has full legal rights, while the legal rights of a non-citizen are limited
iv. A citizen can hold any public office while non-citizen cannot hold any public office.
v. A citizen may do any job while a non-citizen is excluded from certain jobs due to security reasons.
vi. A citizen owes allegiance to the country while a non-citizen does not.
vii. A non-citizen can be deported if the need arises, while a citizen cannot be deported under any circumstances.
viii. The right to peaceful assembly and association by a citizen is unqualified, while that of a non-citizen is qualified.
ix. The rights of a citizen are defined in a countries constitution, while the rights and duties of a non-citizen are derived from hospitality of the host country and immigration laws.
x. A citizen may be compelled to join the armed forces in defense of the country, a non-citizen is disqualified from joining unless may be as an adviser or a mercenary.
EVALUATION
Who is a citizen?
Highlight the types of citizenship
Differentiate between a citizen and a non citizen
WEEKED ASSIGNMENT
1. An alien who has lived in Nigeria for twenty years may acquire citizenship by....(a) nationalization (b) naturalization (c) registration (d) marriage (e) migration
2. A Nigerian may lose his citizenship if he (a) is convicted for criminal offence (b) renounces it in exchange for another (c) loses his international passport (d) is deported from a foreign country (e) fails to pay his taxes.
3. An alien could become a legal member of a state by (a) migration (b) employment (c) naturalization (d) socialization (e) conversion.
READING ASSIGNMENT
Read pages 72 and 73 of Comprehensive Government.
PRE-READING ASSIGNMENT
Read pages 77 to 81 of Comprehensive Government.
CONTENT:
a. Meaning of citizenship
b. Acquisition of citizenship
c. Rights, duties and obligations of citizenship
d. Differences between citizens and non-citizens
Meaning of citizenship
A citizen is any person who is a legal member of a country, who enjoys certain political rights and privileges and is compelled to serve the state in exchange for his rights.
Citizenship is the status conferred on an individual as a member of a country.
Acquisition of citizenship
i. By birth: a person that is born in a country where his or her parents are citizens automatically acquires the citizenship of that country.
ii. Through Naturalization: any foreigner who has lived in a particular country for a period of time can apply to become a citizen of that country after fulfilling all the necessary conditions.
iii. Citizenship by Registration: this is by marriage. If a foreign woman marries a Nigerian man, the woman must register as a citizen of Nigeria after fulfilling the necessary conditions.
iv. By descent: this is when a person’s citizenship is determined by his or her father’s citizenship.
v. Through conferment/ honour: the government of Nigeria may decide to give honour to a foreigner who has outstanding qualities.
vi. By dual citizenship: it is legitimately possible for a citizen to hold citizenship of two countries.
vii. Citizenship by conquest: through conquest after secession struggles.
Rights, Duties and Obligations of a Citizen
The rights of a citizen are the benefits and privileges to which he is entitled for being a citizen of a country. These rights are essentially Human Rights as recognized by the United Nations and embodied in the UN Universal declaration of Human Rights.
The following points are therefore a condensation of the rights in the UN Declaration:
1. Right to life, liberty and security of persons.
2. Right not to be held in slavery or servitude
3. Right not to be subjected to torture or to cruel inhuman or degrading treatment or punishment
4. Right to equality before the law
5. Right not to be subjected to arbitrary arrest, detention or exile
6. Right to be presumed innocent until proved guilty according to law in a public trial
7. Right to freedom of movement
8. Right to freedom of thought and conscience
9. Right to peaceful assembly and association
10. Right to take part in government of one’s country
Duties and obligations of citizens
i. Law abiding: all citizens must obey all the rules and regulations of the society where he is living
ii. Every qualified citizen should vote during election
iii. Loyalty: citizens owes loyalty to the government and to the community where he is living
iv. Protection of public properties
v. Service to the state
vi. Payment of tax
vii. Assisting the law enforcement agencies
viii. Defence of the country
ix. Respect for national flag and anthem of his country.
Difference between citizens and non-citizens
i. The rights of a citizen are irrevocable, while those of a non-citizen could be revoked at any time.
ii. A citizen can vote and be voted for while non-citizen do not have the right to vote.
iii. A citizen has full legal rights, while the legal rights of a non-citizen are limited
iv. A citizen can hold any public office while non-citizen cannot hold any public office.
v. A citizen may do any job while a non-citizen is excluded from certain jobs due to security reasons.
vi. A citizen owes allegiance to the country while a non-citizen does not.
vii. A non-citizen can be deported if the need arises, while a citizen cannot be deported under any circumstances.
viii. The right to peaceful assembly and association by a citizen is unqualified, while that of a non-citizen is qualified.
ix. The rights of a citizen are defined in a countries constitution, while the rights and duties of a non-citizen are derived from hospitality of the host country and immigration laws.
x. A citizen may be compelled to join the armed forces in defense of the country, a non-citizen is disqualified from joining unless may be as an adviser or a mercenary.
EVALUATION
Who is a citizen?
Highlight the types of citizenship
Differentiate between a citizen and a non citizen
WEEKED ASSIGNMENT
1. An alien who has lived in Nigeria for twenty years may acquire citizenship by....(a) nationalization (b) naturalization (c) registration (d) marriage (e) migration
2. A Nigerian may lose his citizenship if he (a) is convicted for criminal offence (b) renounces it in exchange for another (c) loses his international passport (d) is deported from a foreign country (e) fails to pay his taxes.
3. An alien could become a legal member of a state by (a) migration (b) employment (c) naturalization (d) socialization (e) conversion.
READING ASSIGNMENT
Read pages 72 and 73 of Comprehensive Government.
PRE-READING ASSIGNMENT
Read pages 77 to 81 of Comprehensive Government.
WEEK 8
TOPIC: POLITICAL PARTIES AND PRESSURE GROUPS
CONTENT:
a. Definition of political parties.
b. Organizations
c. Characteristics
d. Functions
e. Types of political parties
f. Honesty, Integrity and Transparency
Definition of political parties
A political party may be defined as organized group of people who share similar political opinions, principles, interest and beliefs with the aim of gaining political power and governing the country.
Organisation of political parties
1. National Executive Council: this is the highest decision making body for any political party. The seat of government is known as the national secretariat of the party which is always located at the federal capital- Abuja. Here the national offices take decisions for the party. The party organizes all national elections.
2. State branch: every political party has its branches in almost all states of the federation in the capital of each state. They equally have state officers directing the affairs in the state. They are to organize state and local government elections and nominate candidates for national positions
3. Local Government Branch: Every part is supposed to have its local government branches with some officers to control affairs of the party at the local government areas.
4. Ward level: this is the smallest unit of any political party and the parties have their own officers to control state affairs in the ward area.
5. Youth wing: this is the militant wing of any party. They help to propagate and promote the image of the party at all levels.
ORGANISATION STRUCTURE OF A POLITICAL PARTY
1. General convention or congress: Meeting of party members to discuss issues strategies pertaining the party’s political pursuit.
2. Board of trustees: Made up of top officials members of the party Example Chairman, secretary etc.
3. National Secretariat: Headquarters of the party where administrative work of the party is carried out
4. National Working committee: They take important party decision.
5. National Conference/Convention: It is a gathering of delegates from the various states of the country. Their decision is final in all matters concerning the party. Leaders of the party are elected by the Convention of party members.
6. Regional/State branches: Every state has a party chairman and officials. It coordinates party activities at the state level. However, they report to the national secretariat.
7. Affiliated bodies: These include the Youth wing and women wing of the party. They mobilise the youths and women during elections.
8. Constituency Branches: Every card-holding member must belong to a constituency.
9. Local government branches: This is local government branch of the party.
10. Ward Branches: Smallest unit of the party. There are leaders in the ward branches.
CHARACTERISTICS OR FEATURES OF A POLITICAL PARTY
1. Political parties are organized groups based on the electoral commission’s laid down rules.
2. They aim at contesting elections, gaining political power and ruling a country.
3. They are made of people who share similar political opinions, principles, interests and beliefs.
4. They have ideologies they tend to implement when they come to power.
5. They are guided by different political party manifesto.
6. They abide by conventional principle of collective and individual responsibility.
7. They use persuasive rather than coercive means in coming to power.
Functions of political parties or reasons for the formation of political party
i. Recruitment: they help to recruit leaders into public offices to govern the state.
ii. Political education: political parties educate the citizens through lectures, symposia, campaigns through which people are able to know what the party stands for.
iii. Information: they inform members of the public on what is going on in the society.
iv. Unity: Political parties serve as a unifying factor for sectional interest and bridge a gap between people of a country that cut across ethnic or religious lines thus promoting national unity.
v. Peaceful change of government: political parties provide avenues for peaceful and orderly change of government through free and fair elections
vi. Political parties not in power act as a watch dog to the one in power and provide constructive criticisms to the government of a country. (Effective opposition)
vii. Political participation: political parties play the role of stimulating and arousing the interest of the electorate in participating in political activities.
viii. Training political leaders: political parties serve as a training ground for those that will govern the state in future.
ix. Social welfare: they perform welfare, social and humanitarian functions for members of the public.
x. Political accountability: in order to win the next election, political parties persuade their members who are in power to be accountable to the electorates who have the power of rejecting them at any future election.
Types of political parties
1. Elitist/ Cadre Parties: members are made up of people with high social status and standing like intellectuals, doctors, lawyers, tycoons, traditional rulers.
2. Mass Parties: members are drawn from all sections of the society and their manifestoes are aimed at eradicating the sufferings of the masses.
3. Broker Parties: members are drawn from upper and lower classes of the society. They carry out policies of social justice for the interest of all.
4. Missionary or Religious Parties: are formed based on religious sentiments in order to win votes.
5. Charismatic or personality parties: these are political parties formed or led by individuals with charisma e.g. U.P.N with late Chief Awolowo.
6. Ideological Parties: these are political parties which are based on different political ideologies or beliefs which form the basis of existence of these parties. Example are the communist party of Russia, Chinese Socialist Party, Fascist Party of Italy etc.
EssayQuestions:
1. Define political party
2. State the organization of political structure
READING ASSIGNMENT
Read pages 77 to 79 of Comprehensive Government
PRE-READING ASSIGNMENT
Read pages 80 to 82 of Comprehensive Government.
CONTENT:
a. Definition of political parties.
b. Organizations
c. Characteristics
d. Functions
e. Types of political parties
f. Honesty, Integrity and Transparency
Definition of political parties
A political party may be defined as organized group of people who share similar political opinions, principles, interest and beliefs with the aim of gaining political power and governing the country.
Organisation of political parties
1. National Executive Council: this is the highest decision making body for any political party. The seat of government is known as the national secretariat of the party which is always located at the federal capital- Abuja. Here the national offices take decisions for the party. The party organizes all national elections.
2. State branch: every political party has its branches in almost all states of the federation in the capital of each state. They equally have state officers directing the affairs in the state. They are to organize state and local government elections and nominate candidates for national positions
3. Local Government Branch: Every part is supposed to have its local government branches with some officers to control affairs of the party at the local government areas.
4. Ward level: this is the smallest unit of any political party and the parties have their own officers to control state affairs in the ward area.
5. Youth wing: this is the militant wing of any party. They help to propagate and promote the image of the party at all levels.
ORGANISATION STRUCTURE OF A POLITICAL PARTY
1. General convention or congress: Meeting of party members to discuss issues strategies pertaining the party’s political pursuit.
2. Board of trustees: Made up of top officials members of the party Example Chairman, secretary etc.
3. National Secretariat: Headquarters of the party where administrative work of the party is carried out
4. National Working committee: They take important party decision.
5. National Conference/Convention: It is a gathering of delegates from the various states of the country. Their decision is final in all matters concerning the party. Leaders of the party are elected by the Convention of party members.
6. Regional/State branches: Every state has a party chairman and officials. It coordinates party activities at the state level. However, they report to the national secretariat.
7. Affiliated bodies: These include the Youth wing and women wing of the party. They mobilise the youths and women during elections.
8. Constituency Branches: Every card-holding member must belong to a constituency.
9. Local government branches: This is local government branch of the party.
10. Ward Branches: Smallest unit of the party. There are leaders in the ward branches.
CHARACTERISTICS OR FEATURES OF A POLITICAL PARTY
1. Political parties are organized groups based on the electoral commission’s laid down rules.
2. They aim at contesting elections, gaining political power and ruling a country.
3. They are made of people who share similar political opinions, principles, interests and beliefs.
4. They have ideologies they tend to implement when they come to power.
5. They are guided by different political party manifesto.
6. They abide by conventional principle of collective and individual responsibility.
7. They use persuasive rather than coercive means in coming to power.
Functions of political parties or reasons for the formation of political party
i. Recruitment: they help to recruit leaders into public offices to govern the state.
ii. Political education: political parties educate the citizens through lectures, symposia, campaigns through which people are able to know what the party stands for.
iii. Information: they inform members of the public on what is going on in the society.
iv. Unity: Political parties serve as a unifying factor for sectional interest and bridge a gap between people of a country that cut across ethnic or religious lines thus promoting national unity.
v. Peaceful change of government: political parties provide avenues for peaceful and orderly change of government through free and fair elections
vi. Political parties not in power act as a watch dog to the one in power and provide constructive criticisms to the government of a country. (Effective opposition)
vii. Political participation: political parties play the role of stimulating and arousing the interest of the electorate in participating in political activities.
viii. Training political leaders: political parties serve as a training ground for those that will govern the state in future.
ix. Social welfare: they perform welfare, social and humanitarian functions for members of the public.
x. Political accountability: in order to win the next election, political parties persuade their members who are in power to be accountable to the electorates who have the power of rejecting them at any future election.
Types of political parties
1. Elitist/ Cadre Parties: members are made up of people with high social status and standing like intellectuals, doctors, lawyers, tycoons, traditional rulers.
2. Mass Parties: members are drawn from all sections of the society and their manifestoes are aimed at eradicating the sufferings of the masses.
3. Broker Parties: members are drawn from upper and lower classes of the society. They carry out policies of social justice for the interest of all.
4. Missionary or Religious Parties: are formed based on religious sentiments in order to win votes.
5. Charismatic or personality parties: these are political parties formed or led by individuals with charisma e.g. U.P.N with late Chief Awolowo.
6. Ideological Parties: these are political parties which are based on different political ideologies or beliefs which form the basis of existence of these parties. Example are the communist party of Russia, Chinese Socialist Party, Fascist Party of Italy etc.
EssayQuestions:
1. Define political party
2. State the organization of political structure
READING ASSIGNMENT
Read pages 77 to 79 of Comprehensive Government
PRE-READING ASSIGNMENT
Read pages 80 to 82 of Comprehensive Government.
WEEK 9
TOPIC: PARTY SYSTEM
CONTENT:
a. Meaning of party system
b. Types of party system
i. One party system
ii. Two party system
iii. Multi party system
Meaning of party system
Party system may be defined as a type of governmental political arrangement in which political parties are permitted to operate for the purposes of forming a government
MANIFESTO
A manifesto is usually a blueprint of what a political party intends to do if and when it is elected into office.
ONE PARTY SYSTEM
One party system may be defined as a political party in which only one political party is legally and constitutionally allowed to operate. One or single party system operates better in a smaller and non multicultural society. Some African countries like Nkrumah’s Ghana. Guinea under Ahmed Toure, Kenyatta’s Kenya, Zaire, Tanzania, Zambia, etc. Have at one time or the other operated one party system.
One party system is of two types:
a. De jure one party system
b. De facto one party system
TWO TYPES OF ONE PARTY SYSTEM
1. DEJURE ONE-PARTY SYSTEM: This is one party system in which only one political party is legally and constitutionally allowed to operate. This system is practiced in Russia, China, Cuba, Malawi etc.
2. DEFACTO ONE PARTY SYSTEM: This type of one-party system exists where there is no legal or constitutional prohibitions on other parties to exist rather the competing political parties are gradually eliminated from functioning through the electoral processes for example Senegal under Leopold Sedar Senghor with union ProgressisteSenegalaise as the dominant political party despite the presence of other weak parties.
FEATURES OF ONE PARTY SYSTEM
1. There is one legal and constitutionally recognized party.
2. Only one party contests elections.
3. Press freedom is curtailed and news items published by the mass media are censored.
4. There is no official opposition.
5. One party system and state tend to have strong and dedicated leadership.
ADVANTAGES OF ONE PARTY SYSTEM
1. National Integration: – Integrates people of differing ethnic, religious and other interest groups under one political party.
2. Strong leadership: – It makes for a strong leadership as witnessed in Ghana under Nkrumah and his CPP and in Tanzania with Nyerere’s T.A.N.U.
3. Political stability: Absence of opposition in one party state makes for political stability which leads to economic viability and stability.
4. Makes for quick decision making: Absence of opposition from other political parties gives room for quick decisions to be taken.
5. Incidents of election malpractices will be greatly reduced.
6. Absence of sectionalism and favouritism: No area or section of the country is marked out for victimization or to be favoured for not voting or voting for the party in power since everybody in the country belongs to the ruling party.
DISADVANTAGES OF ONE PARTY SYSTEM
i. One party system encourages dictatorship because of absence of rivalry.
ii. Decision making is concentrated in the top hierarchy of the party which discourages democracy.
iii. It limits freedom of expression and the press.
iv. Neglect of public opinion: public opinion is hardly respected in a one party state.
v. Fosters Elitist Philosophy: The philosophy and manifesto of one party system tends to be elitist in nature and the people tend to operate as the apron of the party.
vi. The electorate is not open to better political education.
vii. Absence of watchdogs to government: Viable opposition parties that act as watchdogs of the people to the government that subject governmental policies, programmes and actions to continuous criticisms which seek to improve the performance of the government are absent in a one party system.
TWO PARTY SYSTEM
A two party system is one in which there are two main political parties. Other parties if any are so small they cannot score enough votes to occupy important positions in government or in the legislature. United States of America and Britain are examples of two party system.
FEATURES OF TWO PARTY SYSTEM
1.Existence of two legally and constitutionally recognized political parties.
2. Opposition party and divergent views are recognized and allowed.
3.Press freedom is guaranteed as there is no press censorship.
ADVANTAGES OF TWO PARTY SYSTEM
1. It is more democratic in nature.
2. Provision of alternative party.
3. Prevention of dictatorship.
4.Provision of watchdog to the government.
5.Widens political education.
6.Allows for smooth change of government.
7.Guarantees the expression of public opinion.
DISADVANTAGES OF TWO PARTY SYSTEM
1. It leads to polarization of citizens of a country: Unlike one party system, two party system divides citizens of a country into two antagonistic groups which does not augur well for the progress of the country.
2. It leads to unhealthy rivalry.
3. Waste of resources.
4. Encourages election rigging.
5. Leads to uneven development.
6. Marginalization of minority interests.
MULTIPARTY SYSTEM
It is one in which more than two political parties are allowed to operate and compete for gaining political power in a country.
ADVANTAGES OF MULTI-PARTY SYSTEM
1.It Provision of wider choice.
2.Multi-party system permits a wide range of ideologies.
3. It prevents the emergence of a dictator.
4. It provides watchdogs to the government.
5.It guarantees smooth change of government.
6.Encourages the formation of coalition government.
7.It gives room for democracy.
DISADVANTAGES OF MULTI-PARTY SYSTEM
1. It leads to unhealthy rivalry.
2. It is expensive to run.
3. It leads to unhealthy rivalry.
4. Multi-party system leads to political instability.
5. It is un-African.
6. It encourages election violence.
7. It is prone to election rigging.
8. It encourages corruption in the parliament.
WEEKEND ASSIGNMENT
1. The coming together of two or more political party to form a government (a)coalition (b)merger (c )gerontocracy (d)fascism
2. In a democratic state the party system that usually operates is (a)mass party (b)multi party (c )one party (d)elite party
3. One Party system leads to (a)dictatorship (b)democracy (c )diarchy (d)Theocracy
4. Vibrant opposition parties in parliament helps to (a)threaten democracy (b)strengthen democracy(c )safeguard independence (d)protect sovereignty
5. A start with more than one dominant political party of nearly equally strength is operating (a)mass party (b)a multi-party (c )elitist party (d)a charismatic party
6. One party system is a feature of (a)democratic state (b)military regime (c)republican state (d)dictatorial state
EssayQuestions:
1. Describe the organizational structure of a political party.
2. Highlight the merits of two party system.
3. Mention the demerits of two party system.
4. Mention five characteristic of a political party
5. Define manifesto
READING ASSIGNMENT
Read pages 77 to 79 of Comprehensive Government
PRE-READING ASSIGNMENT
Read pages 80 to 82 of Comprehensive Government
CONTENT:
a. Meaning of party system
b. Types of party system
i. One party system
ii. Two party system
iii. Multi party system
Meaning of party system
Party system may be defined as a type of governmental political arrangement in which political parties are permitted to operate for the purposes of forming a government
MANIFESTO
A manifesto is usually a blueprint of what a political party intends to do if and when it is elected into office.
ONE PARTY SYSTEM
One party system may be defined as a political party in which only one political party is legally and constitutionally allowed to operate. One or single party system operates better in a smaller and non multicultural society. Some African countries like Nkrumah’s Ghana. Guinea under Ahmed Toure, Kenyatta’s Kenya, Zaire, Tanzania, Zambia, etc. Have at one time or the other operated one party system.
One party system is of two types:
a. De jure one party system
b. De facto one party system
TWO TYPES OF ONE PARTY SYSTEM
1. DEJURE ONE-PARTY SYSTEM: This is one party system in which only one political party is legally and constitutionally allowed to operate. This system is practiced in Russia, China, Cuba, Malawi etc.
2. DEFACTO ONE PARTY SYSTEM: This type of one-party system exists where there is no legal or constitutional prohibitions on other parties to exist rather the competing political parties are gradually eliminated from functioning through the electoral processes for example Senegal under Leopold Sedar Senghor with union ProgressisteSenegalaise as the dominant political party despite the presence of other weak parties.
FEATURES OF ONE PARTY SYSTEM
1. There is one legal and constitutionally recognized party.
2. Only one party contests elections.
3. Press freedom is curtailed and news items published by the mass media are censored.
4. There is no official opposition.
5. One party system and state tend to have strong and dedicated leadership.
ADVANTAGES OF ONE PARTY SYSTEM
1. National Integration: – Integrates people of differing ethnic, religious and other interest groups under one political party.
2. Strong leadership: – It makes for a strong leadership as witnessed in Ghana under Nkrumah and his CPP and in Tanzania with Nyerere’s T.A.N.U.
3. Political stability: Absence of opposition in one party state makes for political stability which leads to economic viability and stability.
4. Makes for quick decision making: Absence of opposition from other political parties gives room for quick decisions to be taken.
5. Incidents of election malpractices will be greatly reduced.
6. Absence of sectionalism and favouritism: No area or section of the country is marked out for victimization or to be favoured for not voting or voting for the party in power since everybody in the country belongs to the ruling party.
DISADVANTAGES OF ONE PARTY SYSTEM
i. One party system encourages dictatorship because of absence of rivalry.
ii. Decision making is concentrated in the top hierarchy of the party which discourages democracy.
iii. It limits freedom of expression and the press.
iv. Neglect of public opinion: public opinion is hardly respected in a one party state.
v. Fosters Elitist Philosophy: The philosophy and manifesto of one party system tends to be elitist in nature and the people tend to operate as the apron of the party.
vi. The electorate is not open to better political education.
vii. Absence of watchdogs to government: Viable opposition parties that act as watchdogs of the people to the government that subject governmental policies, programmes and actions to continuous criticisms which seek to improve the performance of the government are absent in a one party system.
TWO PARTY SYSTEM
A two party system is one in which there are two main political parties. Other parties if any are so small they cannot score enough votes to occupy important positions in government or in the legislature. United States of America and Britain are examples of two party system.
FEATURES OF TWO PARTY SYSTEM
1.Existence of two legally and constitutionally recognized political parties.
2. Opposition party and divergent views are recognized and allowed.
3.Press freedom is guaranteed as there is no press censorship.
ADVANTAGES OF TWO PARTY SYSTEM
1. It is more democratic in nature.
2. Provision of alternative party.
3. Prevention of dictatorship.
4.Provision of watchdog to the government.
5.Widens political education.
6.Allows for smooth change of government.
7.Guarantees the expression of public opinion.
DISADVANTAGES OF TWO PARTY SYSTEM
1. It leads to polarization of citizens of a country: Unlike one party system, two party system divides citizens of a country into two antagonistic groups which does not augur well for the progress of the country.
2. It leads to unhealthy rivalry.
3. Waste of resources.
4. Encourages election rigging.
5. Leads to uneven development.
6. Marginalization of minority interests.
MULTIPARTY SYSTEM
It is one in which more than two political parties are allowed to operate and compete for gaining political power in a country.
ADVANTAGES OF MULTI-PARTY SYSTEM
1.It Provision of wider choice.
2.Multi-party system permits a wide range of ideologies.
3. It prevents the emergence of a dictator.
4. It provides watchdogs to the government.
5.It guarantees smooth change of government.
6.Encourages the formation of coalition government.
7.It gives room for democracy.
DISADVANTAGES OF MULTI-PARTY SYSTEM
1. It leads to unhealthy rivalry.
2. It is expensive to run.
3. It leads to unhealthy rivalry.
4. Multi-party system leads to political instability.
5. It is un-African.
6. It encourages election violence.
7. It is prone to election rigging.
8. It encourages corruption in the parliament.
WEEKEND ASSIGNMENT
1. The coming together of two or more political party to form a government (a)coalition (b)merger (c )gerontocracy (d)fascism
2. In a democratic state the party system that usually operates is (a)mass party (b)multi party (c )one party (d)elite party
3. One Party system leads to (a)dictatorship (b)democracy (c )diarchy (d)Theocracy
4. Vibrant opposition parties in parliament helps to (a)threaten democracy (b)strengthen democracy(c )safeguard independence (d)protect sovereignty
5. A start with more than one dominant political party of nearly equally strength is operating (a)mass party (b)a multi-party (c )elitist party (d)a charismatic party
6. One party system is a feature of (a)democratic state (b)military regime (c)republican state (d)dictatorial state
EssayQuestions:
1. Describe the organizational structure of a political party.
2. Highlight the merits of two party system.
3. Mention the demerits of two party system.
4. Mention five characteristic of a political party
5. Define manifesto
READING ASSIGNMENT
Read pages 77 to 79 of Comprehensive Government
PRE-READING ASSIGNMENT
Read pages 80 to 82 of Comprehensive Government
