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Government Ss1 Note
Government Ss1 Note
Government Ss1 Note
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passage of bills into law, while in others; the constitution can only be amended by a complex procedure
different from that of passage of bills into law.
4. Right of Citizen: the provisions of most constitution guarantees the citizen’s fundamental rights. Such
rights include right to life, civil liberties, legal rights etc. the inclusion of these rights in the constitution
helps to ensure against the arbitrary use of governmental power
Features of a Constitution
1. It contains fundamental principles and objectives of the state that is ideology
2. A constitution of a country specifies the rights and duties of the citizens.
3. It states the type of government to be adopted in a country.
4. It establishes the political structure of a country, for example federal or unitary.
5. It defines the political institutions including their functions. That is the Legislative, Executive and
Judiciary.
6. It states whether the legislature is unicameral or bicameral
7. It defines the type of party system that will operate in a country, for example one party or multi party
system.
8. It defines citizens’ fundamental human rights including the duties and obligations of the citizens.
9. It provides for revenue allocation
10. It provides for budgetary allocation.
11. It provides a platform for the commencement of the constitution.
12. It contains the procedure for amendment.
EVALUATION
1. Highlight four scope of a constitution
2. State six features of a constitution
SUB TOPIC 3: Types of Constitution and Constitutionalism
Types of Constitution
The following are the types of constitution
1. Written constitution
2. Unwritten constitution
3. Rigid constitution
4. Flexible constitution
5. Federal constitution
6. Unitary constitution
1. Written Constitution: A written constitution refers to a document which is written the fundamental laws,
conventions, principles, customs, norms, rules and regulations which governs a country. Examples of country
that operate written constitutions are Nigeria, USA, Canada, Ghana, France and India.
Advantages
i. A written constitution is easy to refer to.
ii. Citizens are better aware of their fundamental rights.
iii. It serves as a proud symbol of nationhood.
iv. A written constitution helps ensure political stability.
v. It has easy reference in case of disputes.
Disadvantages
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i. It is subject to frequent litigations.
ii. The rigid nature of written constitutions makes them difficult to amend.
iii. It is not easily adaptable to changing conditions and times.
iv. Written constitutions do not often cover all subjects that may be required of a constitution
2. Unwritten Constitution: An unwritten constitution is one in which the fundamental laws, conventions,
principles, customs, norms, rules and regulations which govern a country are not written down in a single
document. It is the opposite of written constitution. Britain and New Zealand are good exams of countries
whose constitution is unwritten.
Advantages of an Unwritten Constitution
i. It is flexible and as a result, easy to amend.
ii. An unwritten constitution makes for easy and quick decisions.
iii. Its non-rigidity eliminates many potential areas of dispute in governance
iv. An unwritten constitution evolves with time and is therefore responsive to changing conditions.
Disadvantages of an Unwritten Constitution
i. Since it is easy to amend, government might be tempted to amend it at will.
ii. It is difficult for citizens to know their rights and duties.
iii. In cases of disputes, it does not make for easy reference
3. Rigid Constitution: A rigid constitution is a constitution that cannot be easily changed because its
amendment process is cumbersome. Examples of countries with rigid constitutions are Nigeria and United
States of America.
Advantages of Rigid Constitution
i. It is difficult to amend, government officials can not change it to suit themselves.
ii. A rigid constitution helps to ensure an orderly change of government.
iii. A rigid constitution helps to make for political stability
iv. It removes constitutional ambiguity
Disadvantages of Rigid Constitution
i. Its amendment procedure is cumbersome.
ii. It is expensive.
iii. It is not suitable for emergency situations.
iv. It can make the judicial arm of government to be politicized.
4. Flexible Constitution: Flexible constitutions are those in which an amendment does not involve any lengthy or
difficult procedure. Examples of countries with flexible constitutions are Britain, Italy and New Zealand.
Advantages of Flexible Constitution
i. Its procedure of amendment is easy
ii. It reduces the chances of political instability
iii. It protects the interests of the people in the process of governance
Disadvantages of a Flexible Constitution
i. It is prone to dictatorship
ii. Unplanned bills could find their ways into the constitution.
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4. Federal Constitution: A federal constitution refers to one in which governmental powers that exist in the
country are shared between a central government and the component states. The United States of America
and Nigerian constitutions are good examples.
Advantages of Federal Constitution
i. It maintains the independence and autonomy of the component states.
ii. It protects the interest of the minority groups.
iii. It makes room for wider representation of the people.
iv. It unites people of different political, social, cultural etc origin together.
Disadvantages of Federal Constitution
i. It duplication of powers and government leads to increase in government expenditure.
ii. The political rivalry that exists among different government leads to political instability.
iii. It emphasizes the differences among the different ethnic groups in a country.
iv. It creates problem in the sharing of the wealth of the country among different component states.
6. Unitary Constitution: A unitary constitution refers to one that concentrates governmental powers and authority
in a single central government. Examples of countries with unitary constitution are Britain, Italy, France,
Belgium, New Zealand, Sweden, Ghana Togo etc.
Advantages of Unitary Constitution
i. A unitary constitution is flexible and easy to amend.
ii. Unitary constitution is less expensive
iii. It instills spirit of nationalism and patriotism in the citizens.
iv. Its flexibility allows for quick decision and action to be taken in time of emergency
Disadvantages of a Unitary Constitution
i. Its amendment can be done in a hasty manner since it is flexible
ii. It does not encourage bringing government nearer to the people
iii. It does not make room for wider representation of the people in the government.
iv. It is not suitable for a country with wide geographical area.
7. Confederal Constitution: This is a constitution in which almost major powers and functions of
government are reserved exclusively for the component states save the common currency, defence, and
foreign affairs in which the national or central government may hold power.
Constitutionalism
Constitutionalism means that the power of government should be defined and limited by the dictates of the body of
the fundamental laws of the land known as the constitution. That is actions and activities of government and its
officials should be in line with the provisions of the constitution. It states that nobody is above the law no matter
how highly placed.
EVALUATION
1. Mention and explain seven types of constitution
2. What is constitutionalism?
GENERAL EVALUATION
1. What is a constitution?
2. What are the five major features of the constitution of a state?
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3. Mention five sources of a constitution.
4. Outline five advantages of written constitution.
5. Explain unwritten constitution.
WEEKEND ASSIGNMENT
Essay Questions
1. Distinguish between constitution and constitutionalism.
2. What factors should be considered in drawing up a constitution?
READ ASSIGNMENT: Read from Melrose Government SS 1, by R.E Aiyede et.al. Pages 68-74
PRE-READING ASSIGNMENT: Read and understand the structure and organization of government (executive)
EVALUATION
1. What is Rule of Law?
2. Highlight six principles (features) of the rule of law.
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.
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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: Every human being has 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) OF SAFEGUARDING FUNDAMENTAL HUMAN RIGHTS
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 watchdog for 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.
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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.
PRE-READING ASSIGNMENT: Read about Representative government.
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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.
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. There is 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.
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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.
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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.
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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
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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
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. Decentralization refers 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.
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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
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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?
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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?
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