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CONSTITUTION

Constitution can be defined as a body of agreed laws, rules,


principles and regulations which govern a country.
It states how the powers governing a country are shared and
exercised by the various levels, organs and agencies of government.
The constitution is superior to all the other laws of the land.

Sources of Constitution
There are two major sources of constitution:
1. Written
● Acts of Parliament.

● Past Constitutions.

● Constitutional Conferences.

● International Document.
2. Unwritten
● Past Experiences.

● Customs and Traditions.

● Judicial Precedents. (Past judgments handed down in the law


of courts).

MAJOR PILLARS OF DEMOCRACY


● Rule of Law: It establishes the framework for
governance based on laws that apply equally to all
citizens and government officials, ensuring no one is
above the law.
● Protection of Rights: Constitutions typically include
provisions safeguarding fundamental rights and
freedoms, preventing government overreach and
ensuring individual liberties.
● Checks and Balances: Constitutions create a system
of checks and balances among government
branches, preventing any one branch from becoming
too powerful and ensuring accountability.
● Electoral Framework: Constitutions outline the
electoral process, ensuring free and fair elections
that reflect the democratic will of the people.
● Amendment Process: They allow for adaptation to
changing societal needs and values through
amendment processes that require broad consensus
or specific procedures.
● Legal Framework for Governance: Constitutions
define the structure and powers of government
institutions, facilitating stability, predictability, and
continuity in democratic governance.

Types of Constitution
1.Federal Constitution
A Federal Constitution is one in which the governmental powers
are divided and shared between the central government and the
component units of Government. For example, in Nigeria, we have the
three tiers of Government.

Merits:

● It makes provision for protection of the rights to both the majority


and minority.
● A federal Constitution ensures political stability because every interest
is accommodated.

Demerits:

● It is too expensive to operate and maintain.

● It is rigid and, therefore, very difficult to amend.

● There I always unhealthy competition amongst component states


because of different rates and levels of development.

2. Unitary Constitution
A unitary Constitution is one in which all the political powers and
authority of the government are concentrated in the hands of the
Government. Examples of countries that have Unitary Constitution are
France, Britain, etc.

Merits:

● It is a flexible one, making it easy to amend.

● Decision-Making is always quick and fast in this constitution, because


only the center makes the decision.
Demerits:

● There is no adequate protection of rights of the citizens in the unitary


constitution because they are not written down.
● There is no grass-rot political participation in the government,
because the center is too far from the people.

3. Confederal Constitution
Confederal Constitution is one which provides for a weak center
and strong states. These unruled and sovereign states come together to
form a loose political union in which the central government is
subordinate to the component unit.
A good example is the confederation of Senegambia that is made up of
Sovereign Senegal and Gambia.

Merits:

● It promotes unity in diversity, because, independent states, big and


small, rich and poor, are brought together for common purpose.
● It reduces the fear of domination of one state by the other, because
each autonomous state remains its identity.

Demerits:

● It does not encourage even development since various member states


have total control of their internal affairs.
● It does not promote the spirit of nationalism and patriotism in a
confederation.

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