For nigeria to excel economically, politically, infrastructurally, socially and to have a pretty good international face the problems associated or relating to the growth or effective operation of rule of law and constitutionalism in nigeria must be addressed. Location, demography, and prewar politics 67 the shagari regime. The dawn of constitutionalism in nigeria by anthony diala ssrn. Political institutions and cultural underpinnings 68 party formation and voting behavior 68. Constitutionalism and the challenges of democratic.
Show full abstract under nigeria s current constitutional democracy and federal structure of government, legislative powers are shared between the federal government and the respective state. Nigeria typifies the failed african effort in trying to establish an enduring democracy and constitutionalism. Constitutionalism and the national question in nigeria julius o. The aim of this study is to appraise constitutionalism in nigeria with the intent to highlight the challenges of democratic governance in the 21st century. Show full abstract under nigerias current constitutional democracy and federal structure of government, legislative powers are shared between the federal government and the respective state. This paper examines the tripartite concepts of constitutionalism, rule of law and good governance in africa taking nigeria as the case study. Democracy is undoubtedly the commonest system of government mostly practiced in virtually all the countries of the world because. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves including by reforming the very processes of democracy itself. Constitutionalism, democracy and sustainable development in. Constitutionalism is a political philosophy based on the idea that government authority is derived from the people and should be limited by a constitution that clearly expresses what the. Constitutionalism in nigeria has been crisisridden since. Schumpeter cited in ukase 2014 sees democracy as a method by which decisionmaking is transferred to individuals who have gained power in a. Constitutionalism definition of constitutionalism by the.
Worlds advanced democracies have attained greatness because their democracies are anchored on constitutionalism. Jul 04, 2015 constitutionalism and democracy are so related that constitutional democracy may appear to be a tautology. E 20 constitutionalism, democracy and sustainable development in nigeria. Constitutionalism in nigeria has been crisisridden since independence in 1960.
In order to guard against violations against the letter and spirit of the constitution, there needs to be a set of institutional arrangements. A constitutional democracy without constitutionalism. They were adopted in a copy and paste and pure conformist fashion to meet demands of western governments. This paper discusses constitution and constitutionalism in nigeria as an issuein. Pdf constitutionalism, democracy and development in nigeria. More than half of the worlds population now live in a democracy of some sort, although only some per cent of that population reside in full democracies eiu, 2010. The quest for a lasting democracy in the postcivil war era ngozi caleb kamalu and fuabeh p.
Nigeria is an african nation and in particular, a member of ecowas. A constitutional democracy without constitutionalism by. Transformative constitutionalism, popularised in the context of south africas transition from apartheid to constitutional democracy, arguably offers an antidote for failed constitutionalism and weak protection of fundamental rights and freedoms in emergent democracies in africa. That is the reason why primarily task of this work is to investigate the state of constitutionalism in africa and the reason why most african. International journall of socioeconomic development and strategic studies ijosedass, 6 1.
Militarism affected in a very substantial way africas efforts to develop a culture of constitutionalism in the continent. Good governance, constitutionalism and the rule of law. Constitutionalism, democracy and national development in nigeria. Ihonvbere the number one political contradiction or challenge in africa today is how to deal with the national question. Constitutionalism is the idea, often associated with the political theories of john locke and the founders of the american republic, and equated with the concept of regula iuris, the rule of law, that government can and should be legally limited in its powers, and that its authority depends on enforcing these limitations. Constitutionalism in nigeria samantha tancredi introduction 2019 marks twenty years since the establishment of the most recent constitution in the federal republic of nigeria. Pdf the dawn of constitutionalism in nigeria in mbondenyi.
Pdf this paper examines the concepts of constitutionalism and democracy. Challenges of democracy and good governance in nigeria democracy has emerged as the best accepted form of government in the contemporary world. A predictable and stable constitution process is an important yardstick to good governance and democracy. Democracy is defined as a system of governance 897 words 4 pages. Doc the challenges of constitutionalism edward oyewo. This paper argues that the popular consensus that democracy foster development takes for granted the fact that democracy can only foster development if a democratic practice is predicated on the ability of a society to imbibe a culture of constitutionalism. The work focuses on constitutionalism and the challenge of development in africa. The constitution of the federal republic of nigeria, 1999 states that the constitution is supreme and a government can only legitimately come to power in the federal republic of nigeria through democratic means. The triumph of democracy may be more apparent than real. To achieve the above, the critical question that will be addressed in the seminar is, how can nigeria develop or engineer through constitutional and democratic processes, a political will that is conducive to or supportive of constitutionalism. Democracy can be defined as a system of governance where there is a political system in which governments are chosen through free and fair elections, there is an active participation in political process by the citizenry, laws and procedures apply equally to all citizenry.
After ten years of transition from militarism to constitutional democracy and the euphoria of the countrys return to democracy, the country is still on a slow march in the entrenchment of the practice of constitutionalism. Principles and concepts august 2014 about this series these constitutionbuilding primers are intended to assist in country. While it remains true that nigeria is governed by democratically elected leaders at the federal and state levels, nigeria is yet to institutionalise democracy after a century of existence as a political entity. Jul 26, 2014 for nigeria to excel economically, politically, infrastructurally, socially and to have a pretty good international face the problems associated or relating to the growth or effective operation of rule of law and constitutionalism in nigeria must be addressed. Constitutionalism and democratic governance in africa. The research also charts a roadmap on ways to deepen democracy and limited government in nigeria. Constitutionalism and the challenges of democratic governance. Imperatives for sustainable development in nigeria oida international journal of sustainable development, vol. Constitution and constitutionalism in nigeria issues in democratic. Over years, nigeria has been wallowing in the coffin of poverty, underdevelopment, unemployment, power instability, securities menace, and political hullabaloos, all this has been a problem combating a nation that was once giant of africa, democracy in nigeria. Chapter 1 democracy and political change in precolonial africa julius o. Amah emmanuel ibiam lecturer, faculty of law, ebonyi state university abakaliki, nigeria abstract a great democracy must either sacrifice selfgovernment to unity or preserve it by federalism.
The work will show that nigerias democratic governance is still wearing the toga of meritocracy though it is being operated by civilians. Constitutionalism and democracy international journal of. Adekunle 3 culture, politics, and democracy 3 political power and democracy 5 stateless societies 7 islamic states 10 women in african politics 11 economic freedom 12 education 14 human rights 15 colonialism and political change 16 conclusion 17. Research on humanities and social sciences issn paper22245766 issn online22250484 online vol. It is not to be quoted without prior permission of the author. Democracy which is the popular mandate of the people is therefore the only legitimate means of governance in nigeria. Introduction in the last half a century, many countries have transited to democracy. Constitution and constitutionalism in nigeria issues in. United states of america, japan, germany, israel, etc, and you can easily observe the. Democratic consolidation in africa, particularly in nigeria, have been handled. Constitutionalism is at the core of good governance and democracy in the world today as it can provide the necessary checks and balances on the use of excessive state power of the different organs of government. For example, under democracy, the majority can vote to tax 90 percent of what the rich make, and the rich must surrender what they have rightfully earned. O, the amendment process under the 1999 constitution, op cit, 328 7 ibid, 331 8 section 1 1 of the 1999 constitution federal republic of nigeria 9 section 1 3 of the 1999 constitution.
Nigeria commenced its third wave of constitutional democracy in 1999 with constitutional. Constitutional adjudication and democracy in nigeria tahir mamman and p. Constitutionalism, human rights and the judiciary in nigeria. Dec 11, 2018 constitutional democracy can be defined as the form of government, in which the majority of authority is restricted by institutional and legal means in such a way that peoples rights are respected. Countries that practice such forms of government include. Aims and objectives of the study the aim of this study is to appraise constitutionalism in nigeria with the intent to highlight the challenges of democratic governance in the 21st century. Democracy in nigeria problems and prospects information.
It is asserted that the drafting of constitutions is a recurring decimal in nigerias chequered political history. The argument goes on to suggest that the constitutions mostly contain western notions and values of democracy and good governance, with little or nothing of african cultural values and the idea of african democracy. Transformative constitutionalism and the adjudication of. It analyses the essential components of these twin concepts. O, the amendment process under the 1999 constitution, op cit, 328 7 ibid, 331 8 section 1 1 of the 1999 constitution federal republic of. The absence of the culture of constitutionalism affected in a very substantial way africans efforts toward development. Government in which power is distributed and limited by a system of laws that the rulers must obey. It is recognized as the most appropriate mechanism through which any society should be governed. These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethnoreligious conflicts, and disdain for the rule of law. The paper discusses some of the impediments to the institutionalisation of democracy in nigeria after more. Rightclick on the link below and select save target as internet explorer or save link as firefox to download a pdf of the article. In nigeria, not only were general and presidential elections conducted without a constitution. This article examines the intractable problem of constitutional engineering in nigeria.
The relationship between constitutionalism and democratic. Dynamics of constitutional development in nigeria, 19141999 abstract. Constitutionalism, democracy and religious freedom. The constitution of the federal republic of nigeria, 1999 states that the constitution is supreme and a government can only legitimately come to power. Constitutionalism, democracy and sustainable development. Constitutionalism and democracy 1st edition richard. Aims and objectives of the study the aim of this study is to appraise constitutionalism in nigeria with the intent to highlight the challenges of democratic governance in.
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