They were adopted in a copy and paste and pure conformist fashion to meet demands of western governments. 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 aim of this study is to appraise constitutionalism in nigeria with the intent to highlight the challenges of democratic governance in the 21st century. A constitutional democracy without constitutionalism by. 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. 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, human rights and the judiciary in nigeria. Nigeria typifies the failed african effort in trying to establish an enduring democracy and constitutionalism. 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. Constitutionalism and the national question in nigeria. Countries that practice such forms of government include.
It is asserted that the drafting of constitutions is a recurring decimal in nigerias chequered political history. Constitutionalism and the challenges of democratic governance. Challenges of democracy and good governance in nigeria democracy has emerged as the best accepted form of government in the contemporary world. Good governance, constitutionalism and the rule of law. E 20 constitutionalism, democracy and sustainable development in nigeria. 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. Democracy is undoubtedly the commonest system of government mostly practiced in virtually all the countries of the world because. Constitutionalism and democracy 1st edition richard.
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. Introduction in the last half a century, many countries have transited to democracy. 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. Constitutionalism in nigeria has been crisisridden since independence in 1960. The dawn of constitutionalism in nigeria by anthony diala ssrn. 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. Transformative constitutionalism and the adjudication of. Constitutionalism, democracy and national development in nigeria 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. Research on humanities and social sciences issn paper22245766 issn online22250484 online vol. Constitutionalism, democracy and religious freedom. 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. Principles and concepts august 2014 about this series these constitutionbuilding primers are intended to assist in country. Constitutionalism definition of constitutionalism by the.
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. Government in which power is distributed and limited by a system of laws that the rulers must obey. In nigeria, not only were general and presidential elections conducted without a constitution. Political institutions and cultural underpinnings 68 party formation and voting behavior 68. Democracy is undoubtedly the commonest system of government mostly practiced in virtually all the countries of the world because it ensures the observance of people. Ihonvbere the number one political contradiction or challenge in africa today is how to deal with the national question. 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. Constitutionalism, democracy and sustainable development. Constitutionalism, democracy and sustainable development in. This paper, with its abbreviated references, is circulated for discussion purposes only. Doc the challenges of constitutionalism edward oyewo. 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. Constitution and constitutionalism in nigeria issues in democratic.
Pdf this paper examines the concepts of constitutionalism and democracy. 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. Constitutionalism and the challenges of democratic. Abraham lincoln rightly defined democracy as government of the people by the people and for the people igbokwe, 2012. In a democracy, government is only one thread in the social fabric of many and varied public and private institutions, legal forums, political parties, organizations, characteristics of democracy an educated citizenry is the best guarantee for a thriving democracy. Democracy is defined as a system of governance 897 words 4 pages. 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. International journall of socioeconomic development and strategic studies ijosedass, 6 1. The triumph of democracy may be more apparent than real. A constitutional democracy without constitutionalism. 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. 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. Imperatives for sustainable development in nigeria oida international journal of sustainable development, vol. Constitutionalism and the national question in nigeria julius o.
Jul 04, 2015 constitutionalism and democracy are so related that constitutional democracy may appear to be a tautology. In order to guard against violations against the letter and spirit of the constitution, there needs to be a set of institutional arrangements. Democracy which is the popular mandate of the people is therefore the only legitimate means of governance in nigeria. United states of america, japan, germany, israel, etc, and you can easily observe the. The work will show that nigerias democratic governance is still wearing the toga of meritocracy though it is being operated by civilians.
Location, demography, and prewar politics 67 the shagari regime. Nigeria is an african nation and in particular, a member of ecowas. The absence of the culture of constitutionalism affected in a very substantial way africans efforts toward development. 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.
Pdf constitutionalism, democracy and development in nigeria. Militarism affected in a very substantial way africas efforts to develop a culture of constitutionalism in the continent. 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. Constitution and constitutionalism in nigeria issues in.
Constitutionalism and democratic governance in africa. Constitutionalism in nigeria has been crisisridden since. The research also charts a roadmap on ways to deepen democracy and limited government in nigeria. 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. A predictable and stable constitution process is an important yardstick to good governance and democracy. Schumpeter cited in ukase 2014 sees democracy as a method by which decisionmaking is transferred to individuals who have gained power in a. 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. 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. It analyses the essential components of these twin concepts.
It is not to be quoted without prior permission of the author. The relationship between constitutionalism and democratic. Unfortunately, the democratic governments in nigeria just like. These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethnoreligious conflicts, and disdain for the rule of law.
This paper examines the tripartite concepts of constitutionalism, rule of law and good governance in africa taking nigeria as the case study. Constitutionalism, democracy and national development in nigeria. The constitution of the federal republic of nigeria, 1999 states that the constitution is supreme and a government can only legitimately come to power. Chapter 1 democracy and political change in precolonial africa julius o. Constitutionalism and democracy international journal of.
Worlds advanced democracies have attained greatness because their democracies are anchored on constitutionalism. Dynamics of constitutional development in nigeria, 19141999 abstract. This paper discusses constitution and constitutionalism in nigeria as an issuein. Rightclick on the link below and select save target as internet explorer or save link as firefox to download a pdf of the article. Constitutional adjudication and democracy in nigeria tahir mamman and p. 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. Constitutionalism, democracy and national development in. This article examines the intractable problem of constitutional engineering in nigeria. 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. Nigeria commenced its third wave of constitutional democracy in 1999 with constitutional. 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. While the developed societies recognize this fact, and as early as 1215 limitation had been placed on the power of the king in england. Democratic consolidation in africa, particularly in nigeria, have been handled. Pdf the dawn of constitutionalism in nigeria in mbondenyi.
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. The quest for a lasting democracy in the postcivil war era ngozi caleb kamalu and fuabeh p. It is recognized as the most appropriate mechanism through which any society should be governed. The paper discusses some of the impediments to the institutionalisation of democracy in nigeria after more. Principles and concepts august 2014 about this series these constitutionbuilding primers are intended to assist incountry.
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. The work focuses on constitutionalism and the challenge of development in africa. The continents history and the contradictions and engagements of the postcolonial era have precipitated deep political fault lines and congealed interests on. Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. Democracy in nigeria problems and prospects information.
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