Ss1 Government 2nd Term

8/2/2019 Ss1 Government 2nd Term

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3. a.Checks and Balances

I. DefinitionII. Mode of Operation

4/5 The Rule of LawI. Definition

II. Tenents

III.Mode of Operation

IV.Limitation


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6. Mid-Term break

7. Political concepts

a. Fascism

b. TotalitarianismI. Definition

II. Features

8. NazismI. Definition

II. Features


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` b. Political Participation

I. MeaningII. Process

9. Citizenship

I. DefinitionII. Qualification

III. Determination of status

10. Fundamental Human RightsI. Meaning

II. Classification of rights


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11. a. Representative Government

I. DefinitionII. Features

b. Democracy

c. Representative Government

I. Definition

II. Features

12. Examination/Revision


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Montesquieu argued that if freedom and liberty

are to be maintained , then the three organs of

government must be separated and their duties

entrusted to different people. This will prevent the

concentration of power on one single authority.

For instance, the executive should only

implement the laws made by the legislature, whilethe judiciary should only interpret the laws and the

constitution.


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Separation ofPowers in a

Parliamentary system of Government

There is actually no strict separation of powers in

a parliamentary system. In other words, there is

fusion of powers amongst the three organs of

government because various arms are closely linkedto each other.

In a Parliamentary system, members of the

executive i.e. the Prime-Minister and his Ministersare drawn from the legislature and they are also

members of the legislature.


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Furthermore, under the British cabinet system

the house of lords which is the upper house is the

highest court of law. While the lord-chancellor

who is the Chief Justice, is a member of the

judiciary and also a member of the executive.

Separation of Powers in a Presidential system of

Government

There is a high degree of separation of powers in

a Presidential system because members of the

executive i.e. the President, Vice-President and

Ministers are forbidden from holding legislative

seats simultaneously .


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In the same vein, there is separation of powers

between the legislature and the judiciary.

In essence, no organ of government canusurp(forcefully take away) the powers or interfere

with the duties of the other organs of

government.


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Merits of separation of Powers

1. It guarantees and maintains the rights and liberties

of citizens.

2. It leads to division of labour and specialization.

3. It ensures stable political system in a country.

4. It brings about efficiency in government.

5. Separation of powers removes the tendency for a

particular organ exercising dominance over others.


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Demerits of separation of Powers1. It is not possible to have complete or absolute

separation of powers.2. It slows down the smooth running of government.

3. Separation of Powers without interference from

other organs may make these organs to becomeinefficient.

4. It can bring about inability of government to take

prompt and quick decisions on matters that needurgent attention.


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Checks and Balances

Checks and balances are mechanisms used by the

various arms of government to check each other inorder to prevent abuse of office/power. It can also

refer to an arrangement whereby an arm of

government supervises and check another arm of

government against any possible abuse of power.

According to Jefferson, Power corrupts and

absolute power corrupts absolutely. As a result of

this, it is necessary to use power to check power

because no arm of government possesses absolute

power. This principle was introduced to avoid the

following:


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a) The violation of individual rights by an arm of

government.

b) The arbitrary use of power by any organ of

government.

c) The usurpation of the function or duty of any arm

of government by another.


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The operation of checks and balances in a

Presidential system of Government


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Separation of Powers

This theory was popularized by a French philosopher known as Baron DeMontesquieu in his book titled, The spirit of laws, written in 1748.

The principle of separation of Powers implies that the three organs ofGovernment i.e. Legislature, Executive and Judiciary remain separate fromeach other in terms of function and personnel.

It can also be defined as the division or separation of political power andfunctions amongst the three organs of government i.e. the legislature,Executive and Judiciary remain separated from each other.

GOVERNMENT CLASS

The Legislature checks the activities of the executive in several ways:

a. Through the appropriation bill/budget, the legislature controls governmentspending to ensure that money is not embezzled.

b. It can also summon any minister, head of public corporation or thepresident for questioning.

c. Through the power of impeachment, the legislature can remove thePresident or Governor from office.


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d. Certain appointments made by the President

requires legislative approval, for example, the

appointment of ministers and ambassadors.

The Executive also checks the legislature;

a. When the legislature passes a bill, it requires

Presidential assent to become a law.

b. The President may withhold or veto a bill i.e. stop

a bill from becoming a law. Such veto can

however be annulled if the same bill is passed

again by a two-third majority of the legislature.


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The Judiciary exercises checks on both the

legislature and the executive through the use of

Judicial Review. By this, the judiciary can declare a

legislative bill or executive action, unconstitutionalor null and void.

Through appointments, promotion, removal from

office and provision of rules for court proceedingsand recommendation of judges, the legislature and

executive controls the judiciary.

h l f L


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The Rule of Law

This theory was popularized and developed by

Professor A.V Dicey in his book, Introduction to the

laws of the constitution, published in 1885. In his

book he stated that, those entrusted with the

authority of administering the state should exercise

such authority in accordance with the laws of theland which is regarded as supreme.

From this definition, the rule of law can be

defined as the supremacy of law over everybody ina political system.

Th b i i i l f h l f l i l d h


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The basic principle of the rule of law includes thefollowing:

Impartiality in the administration of justice

Equality before the law

Fundamental Human Rights.

Principle of impartiality: This principle is of theview that the law should be impartial in dealingwith offenders. This means that no person should

be punished for any offence until otherwiseestablished by the court. Any accused person is stillregarded as a suspect by law and should not bedetained for more than twenty four hours according


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according to the Habeas Corpus Act by the British

Parliament in 1676.

Principle of Equality: It states that laws should apply

equally to all citizens in a country, irrespective of

their economic or political status. Nobody should be

above the law. Also access to legal facilities should

be granted to all.

Principle of individual rights: Every human being is

entitled to an exercise of fundamental rights and

freedom, and when these rights are violated,citizens must be given the right to seek redress from

the court. Only the courts have the jurisdiction to

entertain such cases.


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Limitations to the proper practice of the

rule of law

Limitations are the hindrances to the proper practiceof the rule of law.

These includes the following:

1. State of emergency: The citizens of a country can bedenied some of their fundamental human rights i.e.freedom of movement, especially when a state ofemergency is declared.

2. Diplomatic Immunity: These are special privileges andprotection accorded to certain people andorganizations which prevents them from beingprosecuted e.g. Ambassadors, Parliamentarian,

Governors e.t.c.

3 illi d i l h


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3. Poverty, illiteracy and ignorance: People who

belong to this group are not often aware or

conscious of their rights and most times cannot

afford the bills.

4. Age-limit: Peoples ages play a significant role in

determining the application of the rule of law. For

instance, an under-age person cannot beprosecuted.

5. Special Tribunals: They are not constitutional or

legal courts. People are always denied fair hearingin this type of court.

6 U l f l d i d C i


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6. Unlawful detention, arrest and torture: Certain

punishment administered by the law enforcement

agencies e.g. the Police, state security services e.t.c.

are limitations to the proper practice of the rule oflaw.


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Factors that ensure the successful practice

of the rule of law

1. Press Freedom: The press must be free and not tobe censored. The government should not control

or dictate to the press.

2. The judiciary should enjoy an unconditionalindependence.

3. Speedy and undelayed judicial process should be

guaranteed.4. As much as possible, the trial of offenders should

be made public.

5 Th iti h ld b li ht d b t th i


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5. The citizens should be enlightened about their

rights and lawful methods of exercising these rights.

6. Citizens should be granted the right to appeal

when they are not satisfied with the judgment of

the lower court.


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Political concepts

Fascism

Fascism is a kind of ideology which grew up in the

20th century. This theory was introduced by Benito

Mussolini of Italy in 1922.

Fascism is defined as a form of government

headed by a dictator, in which government has a

total control over all activities in the state and

personal liberties are denied the people.The central political idea of fascism is the creation

of a truly sovereign state headed by an

authoritarian leader.

F i h t d th i ti liti l i d


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Fascism hated the existing political, economic and

social principle and wanted a change through

aggressive nationalism. It was anti-capitalism and

anti-democratic.

The government dominates all other forces

within the country and at the same time guiding the

masses and working after their interest.

Features

1. There is supremacy of state right over individual

rights.

2. The government has total control over all aspects

of citizens life, e.g. education, religion e.t.c.

3 Th i li it d liti l ti i ti b th


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3. There is limited political participation because the

government is controlled by a few elite group. The

ordinary man on the street is not allowed to

participate in decision making.

4. Fascism believes in violence especially war as a

means of settling disputes.

5. Government owns and controls the mass-media.

6. Opposition is not allowed or tolerated by the

government.


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TotalitarianismTotalitarianism is defined as a form of government

in which the state has absolute control ofeverything including all aspects of the citizens life.

In this form of government law is seen as a

product of the will of the rulers. They alone have

the right to decide standards of rights or wrong. In a

totalitarian regime, the control of government is in

the hands of a few party leaders who are

completely dictatorial.

A good example was Adolf Hitler of Germany. In

1933, he saw himself as the chosen leader with a

mission to realize the destiny of the people.

As a matter of principle his action could not be called


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As a matter of principle, his action could not be called

to question.

Features of Totalitarianism

1. The government is headed by a dictator.

2. There is no limit to the powers of government because

there is no constitution.

3. Individual freedom and liberty is given little or noimportance.

4. The government uses its machineries i.e. secret police,

detention camps e.t.c to suppress those who opposeany of its policies.

5. The government controls the mass-media.

6. The system is usually practiced in a one-party state.


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NazismNazism may be defined as a form of government

in which the state has a total control over thecultural, social, economic and political activities of

the people with their fundamental rights being

denied. In this system law is seen as the product of

the leader, e.g. Nazi Germany under Adolf Hitler.

Features or characteristics of Nazism

1. The state was all-embracing was seen as having

solutions to all problems facing the state of

Germany.

2 A one party state: The state was one party and the


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2. A one-party state: The state was one party and the

only recognized and legal party was the National

Socialist Party (NSP).

3. Nazi Germany: This was believed to be people

belonging to one race and so there was the need to

maintain racial purity of the state by declaring other

races inferior. The Jews for example, wereconsidered inferior and had no role to play in the

state.

4. Full authority vested on the leader: Everybody wasbelieved to be responsible to Hitler: his actions

were right and above criticism.

5 All dissenting groups or those not willing to obey


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5. All dissenting groups or those not willing to obey

the leader were compelled to do so or dumped in

concentration camps.


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Political Participation

Political Participation is defined as the process

whereby individuals get themselves involved in thepolitical activities and in the decisionmaking

process of their country.

Forms of Political Participation

1. Voting during elections: Citizens of a country can

participate in politics by voting in an election. This

enable people to choose or vote for candidates oftheir choice.

2 political Discussions: A citizen can be involved in


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2. political Discussions: A citizen can be involved in

politics by initiating and participating in political

discussions.

3. Wearing of Party vest: A citizen can engage in

politics by wearing or showing a sticker or emblem

of a political party. This helps to identify him with a

particular political party.

4. Holding of public offices: Holding of public offices

allows the individual to contribute immensely in the

area of decision-making and other crucial issues ofnational importance.

5 Supporting political parties: A wealthy and


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5. Supporting political parties: A wealthy and

influential individual who is no more interested in

partisan politics can sponsor or support a political

party.

6. Protest and Petitions: Political participation can be

expressed through protests and petition writing.

People can embark on strike actions, lockouts,work-to-rule, boycotts and demonstrations in other

to achieve a particular objective.


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CitizenshipA citizen is someone who has legal and moral rights

and also a bona-fide member of a state or nation.Acquisition of citizenship status

1. By Birth

2. By registration

3. By Descent

4. By Naturalization

5. Honourary Citizenship

Citizenship by Birth: This is obtained by being born


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Citizenship by Birth: This is obtained by being born

in a particular state or nation.

A child born to a Nigerian couple in the united

states is automatically a citizen of their country.

Citizenship by descent: A child born to a Nigerian

couple in the united states is an American but he is

also a citizen by descent because his/her parents

are Nigerians.

Citizenship by Registration: A foreigner may become

a citizen by getting married to a Nigerian and assuch registered as a citizen.

Citizenship by Naturalisation: People can become


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Citizenship by Naturalisation: People can become

citizens of any country by Naturalization after

fulfilling certain criteria or conditions.

For instance, in the 1979 Nigerian constitution,

such person must have the following criteria:

a. he should be mature and sane

b. He should be of good character

c. He must be willing to live in Nigeria

d. He must have contributed to the development or

can contribute to the development of the country

where he/she resides.

e The governor of the state in which he wants to live


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e. The governor of the state in which he wants to live

must confirm that he is acceptable to the

community and he knows the culture of that

country.

f. he must have taken an oath of allegiance.

Honourary citizenship: The governor of a state may

confer the honour of citizenship status on a

personality considered to have contributed to the

development of the country or to humanity in

general. An example of such person is the lateMariam Makeba who in addition to her South

African home country also has that of Tanzania and

Guinea as a mark of honour.


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Duties and Obligations of a citizen

Duties are those things that are compulsory for a

citizen.Obligations are moral considerations which the

citizens are expected to perform for effective

governing.The duties include:

1. Obedience to law.

2. National service

3. Loyalty to government

4 Payment of taxes


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4. Payment of taxes

5. Defence of the country

6. Assistance to the law enforcement agencies

7. Care for public properties

8. Help to protect the sovereignty and integrity of the

nation.

Difference between a citizen and a non-citizen

A non-citizen is not a legal member of a statewhereas a citizen is a legal member of state with full

constitutional rights.

A non citizen cannot vote or be voted for in any


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A non citizen cannot vote or be voted for in any

election while a citizen can vote and be voted for in

any election.

The rights of a citizen are guaranteed while that of

a non-citizen is not.

The life of a citizen is fully protected by the state

while that of a non-citizen is not under theprotection of a state.

d l h


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Fundamental Human RightsFundamental human rights can be defined as

those inalienable rights and privileges enjoyed bythe citizens of a given state which are usually statedin the constitution of the country. It is theresponsibility of a state to ensure that its citizens

enjoy these rights.Usually, these are rights the United Nations

Organization recommend for all member states.

Such rights include, the right to life, security andprotection, freedom from slavery, right to seekredress in the court of law, freedom from unlawfuldetention and imprisonment, freedom from

oppression, freedom of the press etc.

Classification of rights into justiciable and non


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Classification of rights into justiciable and non

justiciable rights

1. Justiciable rights: These are rights capable of being

invoked in courts of law and enforced by the

judges or rights in which one can seek redress for

in a court of law. One can seek redress for cases of

unlawfull possession of property, right to dignity ofhuman person, unlawful detention etc.

2. Non-justiciable rights: These are rights that are not

capable of being invoked and enforced by judges inlaw courts.

It is argued that many economic social and


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It is argued that many economic, social andcultural rights, such as the right to food, housing,health, gainful employment and social security

are by their very character non-justiciable rights.Limitations of fundamental human rights

1. All rights are enjoyed, subject to the laws.

Anybody that violates the law may suffer somedeprivation. For instance, such a person may beimprisoned and deprived of freedom ofmovement.

2. During a state of emergency: The governmentmay prohibit freedom of movement andexpression.

3 The right to freedom to own private property may


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3. The right to freedom to own private property maybe deprived, if the government need to aquire suchproperties.

4. Slander or libel: A citizen has no right to slander orlibel other citizens. This is a limitation to freedom ofexpression.

5. State security: Citizens may not be allowed to joinsecret societies or associations, if they threaten thestate security. This is a limitation to freedom ofassociation.

6. Citizens may be deprived of their lives: This couldhappen if they take another persons life and

condemned to death by the law court.


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DemocracyDemocracy is a system of government in which

the people as a whole take part directly or throughtheir elected representatives in policy-making and

policy implementation.

It is a government based on popular will ormajority consent.

It is a government of the people, for the people

and by the people.It started in the Greek city-states of Athens and

Sparta.

Nigeria in the first, second and forth republics,


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Nigeria in the first, second and forth republics,

France, U.S.A, Britain, Tanzania are examples of

states under democratic government.

Features

1. There must be a constitution.

2. The citizens of the state enjoy the rule of law.

3. The fundamental human rights are recognized and

safeguarded by the constitution.

4. There must be regular free and fair elections.

5. There is a fixed term of office for public office

holders.

6. Government action must be open to public


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6. Government action must be open to public

appraisal.

7. The judiciary should be independent.

8. There should be freedom of the press.

Merits

1. It leads to public accountability.2. It encourages greater participation of the people in

the state affairs.

3. It allows for equality of rights.4. It encourages the spirit of tolerance

5. It promotes team work.


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Demerits1. It encourages the tyranny of majority.

2. There is over politicization.3. Voters may vote wrongly as appeals to emotions

takes the place of appeals to reasons.

4. It leads to delay in decision-making.


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Representative GovernmentRepresentative government is a factor of

democracy and it refers to a government made upof appointed or elected individuals.

Such individuals have the mandate to represent,

legislate, or perform various functions and to takeactions in the interest and on behalf of those

represented.

Features1. Free elections.

2. Independent electoral commission.

3. Proper constituency delimination.


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p y

4. Up-to-date electoral register.

5. Regular elections.


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End of second

term


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Classification of states

Federal State/ Federal system of Government A federal system of government can be

defined as one in which government powers areshared amongst the central government that

represents the whole country and state/localgovernment.

Examples of federal states are, U.S.A, Nigeria,Canada etc.

Features 1. The constitution shares powers amongst the

central, state/local government.

2. The constitution is supreme.


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p

3. The constitution is written and rigid.

4. The procedure for amending the constitution is well

stated.

5. There is no constitutional for a state to secede.

6. There is the existence of a bicameral legislature i.e.two law-making chambers or houses.

Reasons for adopting a federal system of


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Reasons for adopting a federal system of

government

1. Protection of the interest of the minority groups.

2. States decide to form a federation for security

reasons i.e. need to form a solid defence and

security network against external forces.

3. Fear of domination: The minority ethnic groups

may feel dominated by the major ones and to

erase such fears, federation is adopted.

4. Anticipated economic advantages: States decide to

form a federation in order to take advantage and

to harness the vast resources for general good.

5 Diversities in culture: The recognition of the


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5. Diversities in culture: The recognition of the

diversities in cultures, religious beliefs and

languages e.g. in Nigeria, may allow for the

adoption of a federal system.

6. Geographical contiguity: The nearness of states

to each other normally brings about the desire to

form a union.

Merits of Federal system

1. It does not give room for a dictator.

2. It encourages political stability.

3. It takes care of the different interest ethnic

groups.

4. It makes government close to the people.


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g p p

Demerits

1. It is very expensive to run.

2. There is always the problem of sharing the statesresources e.g. Nigeria.

3. It has led to the threat of secession i.e. states

trying to break away (the biafra war in Nigeria).

/


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Unitary State/system of government

A unitary system can be defined as one in which

all powers and authority of running the state areconcentrated in the hands of a single central

authority e.g. France, Italy e.t.c.

Features1. The system is best practiced in a homogenous

State.

2. There is no constitutional division of powersbetween the centre and other units.

3. There is only one legislature and executive for the


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whole country.

4. The central government can create local authorities

and has power to dissolve them.

Confederal state/system of government

Confederal system can be defined as a league of

sovereign or independent states with a weak

central government. The Greek city-states,

Germany, Former Sene-Gambia e.t.c. are good

examples of confederation which did not last long.

Features


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1. Consultations: This is made among them before

taking independent actions.

2. Loose union: Confederation is a loose union of

sovereign states.

3. No effective executive authority: Members only

send delegates to the centre to discussissues of

common interest like defence, telecommunication

e.t.c.

4. No national armed forces: The various members of

the confederation maintain and retain their

separate military establishments.

5. Separate diplomatic representations: Member


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states have separate diplomatic representations.

6. Right of secession: Members have equal status and

have the right of secession from the confederationif and when the government of member statesa so

desire.

7. Absence of effective central authority: This isbecause a sovereign power cannot be located in a

confederation.

8. Constitution: The constitution may be seen as veryaccommodating to changes.

M i f f d l


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Merits of confederal state

1. The component states have total control over their

internal affairs


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Documents

Ss1 Government 2nd Term