BASIC PRINCIPLES OF GOVERNMENT
8.1 RULE OF LAW
Rule of Law is the supremacy of Law over everybody in a political system
PRINCIPLES OF THE RULE OF LAW
- Principle of Equality which states that laws should apply equally to all citizens of a country, irrespective of their economic or political status.
- Principle of Impartiality which states that law should be impartial in dealing with offenders
- Principle of Individual rights which states that every human being is entitled to an exercise of fundamental rights and freedom and that when these rights are violated, citizens should have the right to seek redress from the courts
CHARACTERISTICS OF RULE OF LAW
- Separation of Powers
- Independent Judiciary
- Due Process
- Protection of Human Rights
- Transparency and Accountability
MERITS OF THE RULE OF LAW
- Promotes stability and predictability
- Protects individual rights and freedoms
- Prevents arbitrary decision-making
- Supports economic growth and development
- Enhances government accountability
DEMERITS OF THE RULE OF LAW
- Corruption and impunity
- Political interference in judiciary
- Inadequate access to justice
- Discriminatory laws and practices
- Security threats and emergency measures
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8.2 FUNDAMENTAL HUMAN RIGHTS
This can be defined as those inalienable or natural rights and privileges enjoyed by the citizens of a given state, which are usually stated in the constitution of the said country.
REASONS WHY THE FUNDAMENTAL HUMAN RIGHTS ARE INCLUDED IN THE CONSTITUTION
- Easy reference
- Prevention of dictatorship
- Protection of citizen’s right
- To seek redress
8.3 LIBERTY
Liberty is defined as the ability or willingness to do something and the power of doing what has been conceived without interference or influence from any other source
MODERN CONCEPT OF LIBERTY
- The Individual – The individual wants to express his personality in thought, word and action. Freedom from the government or association
- Freedom – It implies the opportunity individual has develop himself of his potentials with some limitations
8.4 CIVIL LIBERTY
- The right to life
- The right to work
- Personal safety and freedom
- Religious freedom
- Right to education
- Right of Association
- Right to Property
- Freedom of speech, public meeting and publication
8.5 POLITICAL LIBERTY
This is the right of an individual to share in the government of his country
- The right to vote
- The right to stand as a candidate in an election
- Periodic election
- Equal eligibility for government office
- The right to criticize the government
FACTORS THAT CAN SAFEGUARD THE LIBERTY OF INDIVIDUALS
- Law
- Independence of the judiciary
- Democracy
- Power distribution
- Fundamental human rights
- Vigilance
8.6 CONSTITUTIONALISM
It is based on the belief that the powers of the various organs of government should be defined and regulated by the constitution, so that those who govern the society do so without denying or violating human dignity
PURPOSE OF CONSTITUTIONALISM
- Fundamental human right
- Right to vote and contest elections
- Enforcement of the people’s right
- Limitation in the exercise of functions
- Equality before the law
FACTORS THAT CAN PROMOTE CONSTITUTIONALISM
- Existence of a multi-party system
- Entrenchment of fundamental human rights in the constitution
- Free, Fair and periodic election
- Existence of free press
- Fixed term of office for elected political office holders
- Independent judiciary
- Observance of the law
- Raising the level of literacy/civic education
- Accountability and transparency in governance
- Existence of separation of powers/checks and balances
- Existence of a constitution
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8.7 SEPARATION OF POWERS
Separation of Powers is a fundamental concept in governance, dividing power among distinct branches to prevent abuse and ensure accountability.
MERITS OF SEPARATION OF POWERS
- Prevents authoritarianism
- Promotes accountability
- Encourages collaboration
- Protects individual rights
- Enhances stability
DEMERITS OF SEPARATION OF POWERS
- Power struggles
- Gridlock and inefficiency
- Corruption and abuse
- Balancing individual rights and collective interests
8.8 CHECKS AND BALANCES
Checks and Balances is a fundamental mechanism in governance, ensuring that no single branch of government has absolute power. Checking the activities of one another.
MERITS OF CHECKS AND BALANCES
- Prevents abuse of power
- Encourages compromise
- Protects individual rights
- Promotes accountability
DEMERITS OF CHECKS AND BALANCES
- Gridlock and inefficiency
- Power struggles
- Corruption and abuse
- Balancing individual rights and collective interest
8.9 REPRESENTATIVE GOVERNMENT
A representative government is a system where elected officials represent citizens’ interests and make decisions on their behalf.
FEATURES OF REPRESENTATIVE GOVERNMENT
- Elected Officials: Chosen by citizens through elections to represent their interests
- Representation: Representatives act on behalf of their constituents in the government
- Accountability: Citizens can hold their representatives accountable for their actions
MERITS OF REPRESENTATIVE GOVERNMENT
- Allows citizens to participate in government without directly being involved
- Provides expert leadership, as citizens can choose experienced and knowledgeable representatives
- Enables removal or replacement of ineffective or unpopular leaders
- Promotes transparency in government operations
DEMERITS OF REPRESENTATIVE GOVERNMENT
- The majority can overpower minority interests
- Representatives may prioritize supporters’ interests over others
- Political inefficiency can occur due to conflicting opinions and interests
- Communication between representatives and citizens can be difficult
8.10 DELEGATED LEGISLATION
Delegated legislation refers to laws or regulations created by entities to whom power has been delegated by a primary legislative body, such as a parliament or congress
TYPES OF DELEGATED LEGISLATION
- Statutory instruments are created by government departments for areas under their responsibility. The Parent Act gives the department¹s permission as well as guidance about how the new piece of legislation is to be written and processed. Under Statutory Instruments the Minister for Transport will be able to deal with necessary road traffic regulations.
- By-laws are created by local authorities to cover matters in their own area, which must be approved by central government.
- Orders in council are laws passed in an emergency by the government, when parliament is unable to sit.
MERITS OF DELEGATED LEGISLATION
- Delegated legislature reduces the work load of the parliament.
- Delegated legislature enables laws to be passed on time, in order ones it time in the process of laws making.
- it could be used to solve medicinal laws
- Delegated legislature can be use during of emergency.
- It could be used to make laws for local authorities on purely local matters.
- Delegated legislature can be used as an experiment to test new laws.
DEMERITS OF DELEGATED LEGISLATION
- Lack of accountability: Limited oversight.
- Potential for abuse: Unchecked power.
- Complexity: Difficulty in understanding regulations.
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