SECOND TERM GOVERNMENT: SECOND TERM CLASS: SS1

TOPIC: CONSTITUTIONS AND CONSTITUTIONALISM

CONTENT: (a) Meaning of constitution. (b) Sources of constitution. (c) Scope of a constitution.
(d) Features. (e) Types of constitution. (f) Constitutionalism.

Sub-Topic 1: MEANING OF CONSTITUTION AND SOURCES OF CONSTITUTION

Meaning of Constitution
A country’s constitution is the body of basic laws, principles, conventions, rules and regulations which govern the
country. It is a document that establishes the institutions of the government and defines their powers, as well as
relationship between various organs and agencies of government. It also contains the right and duties of the
country’s leaders and citizens. A constitution is superior to all its other laws.

Sources of Constitution
1. Legislation: These are bills passed into law in the parliament
2. Customs and Conventions: Constitutions derive also from customs and conventions which are strictly
obeyed in society, but which have not been written down.
3. Judicial Precedents: Constitutions derive much of their provisions from court judgments passed on very
important subject
4. International Document: The provisions of important documents such as the UN conventions on human
and people’s right, form part of the constitution.
5. Past Experiences: The geographical, historical, political, economic, social and religious experiences of
people also help to shape the constitution.
6. Intellectual Works: Ideas are sometimes borrowed from the works of political thinkers like A.V. Dicey,
Karl Marx, and Thomas Hobbes, in constitution making.
7. International Laws: International laws such as the ones made by international organizations like UN.
These laws include the International Civil Aviation Convention (ICAC), International Laws of the Seas
(ILAO).
8. Constitutional Conferences: Sometimes, some countries organize conferences where their constitutions
are drafted. Countries that have produced their constitution in this way include the US, Nigeria and Ghana.
9. Decree: Laws made by military through the promulgation of decrees also serves as sources of constitution.

EVALUATION:
1. What is a constitution?
2. Explain four sources of the constitution?
Sub-Topic 2: SCOPE AND FEATURES OF A CONSTITUTION Scope of a constitution
1. Preamble: The preamble is located at the beginning of a (written) constitution. It is an expression of the
ideas, purposes and aspiration of the people. The preamble also states the reason why the particular
constitution is being produced.
2. Distribution of Power: The power and functions of the three main organs of government; the legislature,
the executive and the judiciary, as well as those of agencies as the armed forces and the police are clearly
defined. Also, it states the powers that are shared among the three arms of government. That is;
i. Federal powers are located in Exclusive list
ii. State powers are located in Residua list
iii. While the powers which belong to the federal and state government are in concurrent list
3. Procedure for Amendment: Procedure for constitutional amendment is usually specified in many
constitutions. In some, the constitution can be fairly easily amended by the same procedure as for the

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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.

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

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 (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.

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. Independent judiciary
ii. Press freedom

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 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

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: 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.

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.

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 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..

TOPIC: SEPARATION OF POWERS.

CONTENT: (a) Separation of 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

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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.

Checks and balances refer to that arrangement whereby an arm of government supervises and 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. 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.

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.

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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.

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
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 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

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

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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.
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

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 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

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

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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

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.

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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

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