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