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Uduma, Prince Ngwobia Forms of Government
Uduma, Prince Ngwobia Forms of Government
Uduma, Prince Ngwobia Forms of Government
ASSIGNMENT
ON
FORMS OF GOVERNMENT
(CHAPTER FIVE)
WRITTEN BY
UDUMA, PRINCE NGWOBIA
MATRIC. NO: 20/084143020
DEPARTMENT OF MARKETING
FACULTY OF MANAGEMENT SCIENCE
UNIVERSITY OF CALABAR,
CALABAR
SUBMITTED TO
DEPARTMENT OF MARKETING
FACULTY OF MANAGEMENT SCIENCE
UNIVERSITY OF CALABAR,
CALABAR
SEPTEMBER, 2023.
1. Federal System of Government
The word federation is from a Latin word “FOEDUS” meaning treaty or Agreement.
Federation or Federal system of government is a system of government where
power is been shared between the three tiers of government, the central, the state and
the local government (Grass root Government). And each of this component unit are
independent and autonomous.
According to Wheare, Federal system of government is a method of dividing
powers that the central and regional governments in order to co-ordinate independent
authorities within their allotted spheres of jurisdiction.
In federation, functions of the three tiers of government are divided by the
constitution under the following:
1. The Exclusive Legislative List: These are rules or laws that can only be made
by the central authority. Example currently, defense, foreign affairs, power etc.
2. The Concurrent Legislative List: These are laws or rules that are made by
both the central and state government. E.g. Education, Health, Agriculture, Revenue
allocation etc.
3. The Residual Legislative List: This is the power conferred to local government
to make rules and legal bindings. E.g. Motor Parks, Markets, Chieftaincy matters etc.
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Every state is to produce three (3) members through election to represent each
state in the senate according to the 1999 constitution of Nigeria.
4. Supremacy of the Constitution: In federal system of government, No body is
superior to the constitution.
5. Secession is Prohibited: No part is allowed to break away from the federation.
It is illegal for a state or units to break out or withdraw from the union.
6. Existence of a Supreme Court: In federation, the must an existence of court
which has the power to judicial review and interpretation.
ADVANTAGES OF FEDERATION
1. It discourage dictatorship
2. Encourage unite in diversity
3. It brings government nearer to the people
4. It protects small and weaker states
DISADVANTAGES OF FEDERATION
1. Federation is expensive
2. Problem of secession
3. It encourage mediocrity
4. Conflict of interest between the units
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COMPARISON BETWEEN FEDERATION AND CONFEDERATION
1. Federation is a dual form of government where power is shared between the
central and component units. While confederation is formed by an association
of many sovereign and independent states which have more power than the
central government.
2. Federation is created by the constitution while confederation is created by an
agreement.
3. In federation a state or component unit cannot break out while in confederation
a state or component units can breakout.
4. The confederation, component units or states preserve their sovereignty and
independence while in federation states lose their independent and sovereignty.
3. UNITARY GOVERNMENT
A unitary government is a system of government in which all the powers of
government are in one authority.
The central government can delegate limited power to provincial authority and
can withdraw these power at any time.
FEATURES OF UNITARY GOVERNMENT
1. Authority in unitary government is centralized
2. The central authority can delegate limited authority to local authorities.
3. There is absence of judicial review
4. The constitution can easily be amended in unitary government
5. Authorities are derived from the Act of parliament.
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3. Absent of conflict between central authority and local authority
4. It integrate and share a common sense of belonging, which leads to stability
DISADVANTAGE OF UNITARY GOVERNMENT
1. Government is not close to the people since the power is bestowed on the
central authority.
2. It may lead to dictatorship
3. It do not encourage local imitative and effective local participation
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2. The president is the commander of Chief of Armed Forces.
3. The Chief Executive is both the head of the State and Ceremonial head.4.
The president enact bills made by the legislature in to law.
4. The president can be impeach before the expiration of his tenure by the
legislature.
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Legislature. Members of the executive are also members of the parliament. Ministers
appointed belong to one party. The entire cabinet is expected to resign if the parliament
presses “vote of No Confidence” on the government.
Under parliamentary system of government, the prime minister is the Chief
Executive of the State and the parliament head of his party. He have the power to
appoint and dismiss his ministers. Opposition is legally recognized in parliamentary
system of Government. The party with the second highest number of seats has the right
to form opposition. The prime minister serves as intermediary between the head of
state (king, queen, president) and the entire nation including the cabinet and the
legislature.
FEATURES OF PARLIAMENTARY SYSTEM OF GOVERNMENTS
1. Power is shared between Head of State and Head of Government.
2. No clear separation of power between the executive and legislature.
3. The legislature is supreme in parliamentary system unlike presidential system
where constitution is supreme.
4. Opposition is constitutionally officially recognized.
5. There is principle of collective responsibility since ministers are collectively
responsible for every policy or decision taken by the government.
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accountable for its actions and decision in election rather than singling out individual
minister.
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3. Under presidential system, the president can appoint ministers who are from
another party. While in parliamentary system, the prime minister appoint only
ministers from his party.
4. Under presidential system, the president is voted into the office for a fixed
terms, while in parliamentary the prime minister can remain in the as long as he
continues to have majority in the legislature under presidential system.
5. There is clear separation of power between the executive and legislature. While
in parliamentary system, there is no clear separation of power between the
executive and legislature.
6. Under presidential system, there is no legal or officially recognition of
opposition while under parliamentary system, there is official and constitutional
recognition of opposition.
7. Under presidential system, the constitution is supreme while in parliamentary
system, the legislature is supreme.
LOCAL GOVERNMENT
Local government is also called Grass root democracy. It is a type of
government in which the regulation and administration of local affairs is done by
individuals from that locality who are elected to represent the masses.
In Nigeria, certain powers are conferred on local governments by the
constitution. Some of these powers are:
i) Power to raise fund for effective performance of their duties through levies from
motor park, hawking permits, tenement rates on building etc.
ii) Power to make bye-law and punish offenders of such law.
iii) The power to contract and maintain roads which do not fall within state and
federal jurisdiction.
iv) The power to maintain law and order in the various communities that move up
the local government.
FUNCTIONS OF LOCAL GOVERNMENTS
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1. There are empowered to make bye-law.
2. There provides services which helps to improve the living of inhabitants under
them
3. Provision and maintenance of local or customary courts.
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CITIZENSHIP AND FUNDAMENTAL HUMAN RIGHT (CHAPTER 8)
THE RULE OF LAW
According to Lord Herwart, rule of law is “the supremacy of predominance
of law, as distinguished from mere arbitrariness or from some alternative mode
which is not law, of determining or disposing of the right of individuals”.
According to Professor A. V. Dicey, rule of law is based on three main
principles:
1. Principle of impartiality: That no man can be punished or made to suffer for
breach of the law unless established before the courts, which means a man is
innocent of any crime he is accused of until the courts prove him guilty.
2. Principle of equality before the law without discrimination: All men
irrespective of their positions and status in society are subject to the ordinary law of
the land.
3. The right of the citizen in the state give meaning to the constitution that is the
constitution based on the rights of the citizen (Dicey 1939).
The rule of law means supremacy of the law over the ruler and the ruled. No
one in the state is above the law of the land. The rulers should rule according to the
provision of the constitution. Rule of law is really the essence of democracy.
Features of Rule of Law
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1. Supremacy of the Law: This implies that all individuals and institutions,
including government officials and authorities are bound by and subject to the law.
2. Equality before the Law: It means that the law should be applied equally to
every citizen of the state, irrespective of their status. The rulers and the ruled are
equal before the law.
3. Protection of Individual Rights: Under rule of law, the fundamental right
of every citizen must be protected. When these rights are violated, citizens are given
the opportunity to seek redress in the law courts.
SEPARATION OF POWER
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Separation of powers is the division of governmental political powers among
the legislature, executive and judiciary. These will reduce the chances of
dictatorship, tyranny. And to protect the liberty and right of citizens.
It was a French political thinker and a jurist Baron de Montesquieu who
develop and popularized the principle of separation of people in his book “The
Spirit of Law” published in 1948.
The overlapping functions between the three arms of government show that
power is not totally separated between these arms of government. If power is totally
separated between them without harmonious and proper co-ordination, there will be
delay in arriving at an agreement on pressing issues by the government which need
expedition’s disposal.
In presidential system of government power is showed or separated among
the three arms of government which is the executive, legislature and judiciary. The
function of the judiciary is different from that of the executive and legislature.
In parliamentary system, there is no separation of power. The power of the
executive and legislature are fused together.
Check and Balances
The principle of check and balances is applicable in both parliamentary and
presidential system of governance. It principle is to check the activities of other
arms of government when helps to prevent the constitution power of these arms of
government from being exercised beyond constitutional limits and misuse of power.
In parliamentary system, the prime minister has the power to dissolve the
parliament, on the other hand the prime minister and all his cabinet can be forced to
resign by the parliament.
Citizenship
A citizen is an individual with full membership of the state who enjoys full
rights and privileges in that state and owes certain duties to the state.
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Citizenship is a mutual exchange of rights, duties and obligation between the
citizen and the state. The state guarantees and protect the rights of the citizen while
the citizen in turn perform his duties and obligation to the state.
Method of Acquiring Citizenship
i) Citizenship by birth
ii) Citizenship by naturalization
iii) Citizenship by registration
iv) Citizenship by conferment
Loss of Citizenship
Citizen of a country can be forfeited under the following condition:
1. A woman who marries a foreigner losses the citizenship of her own country
after acquiring the citizenship of her husband country.
2. When a person acquires the citizenship of another country other than his and
take an oath of allegiance to that country, he loses the citizenship of his original
country.
3. A person who is a citizen of a country other than by birth may loss his
citizenship if found guilty of a serious crime like treason.
4. A person loss his citizenship of a country other than by birth of he picks arms
against the state assist an enemy of the state during war.
DUTIES OF A CITIZEN TO THE STATE
1. Obedience to the laws of the state
2. Payment of taxes
3. Partaking in political duties
4. To defend the state
5. To assist in the maintenance of law and orders.
FUNDAMENTAL HUMAN RIGHT
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Fundamental human right is a privilege conferred upon citizens by law which are
guaranteed and protect by the state.
Classification of Rights
1. Civil Right: These includes the right to life and property, right to personal
liberty right to freedom of speech, and expression, right to freedom of worship,
right to education, right to freedom of association.
2. Political right: These include right to vote, the right to stand for election, the
right to how pursue offices. It is only applicable in democratic constitution.
3. Economic rights: These includes right to work, right to adequate wage, right
to reasonable hours of labour, the right to self-government industry.
Limitation of the fundamental human Right
The following are limitation to the fund mental human right:
a) A citizen may be deprive of his right to vote or to be voted for, if he is guilty
of certain offence by the law courts.
b) Most states use or impose curfew to restrict the movement of people. As well
someone who is suffering from deadly sickness like AIDs may by restricted from
movement to avoid spread of such deadly disease.
c) Government restrict any form of freedom of association that will promote
breach of peace and security of the state such as secret societies.
d) Right to freedom of religion can be limited by the state if there is any form of
immorality involved in mode of worship.
e) During war the right to life is not absolute serve citizen are defend the state.
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