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2nd TERM SCHEME OF WORK.

1. Constitution
i. Definition / meaning of constitution
ii. Sources of constitution
2. Constitution continued
i. Functions of constitution
ii. Features of constitution
3. Types of Constitution
i. written and unwritten constitution
ii. rigid and flexible constitution
iii. unitary and federal constitution
4. Constitutionalism
i. meaning/Functions of Constitutionalism
ii. Importance et constitutionalism
iii. relationship between constitution and Constitutionalism
5. Basic principles of Government
i. Rule of Law/Definition
ii. Basic Principles
iii. Problems or limitations of rule of law
iv. fundamental human rights meaning/definition
v. Origin and importance of human rights
6. Basic principles continued
i. Various ways/means of safeguarding human rights
7. Separation of power
i. Meaning of separation of Power
ii. Purpose of separation of power
iii. Relationship between Separation of power and Checks and balances
8. Representative Government.
i. definition/meaning of representative government
ii. features of representative Government
iii. advantages and disadvantages of representative government
9. Centralisation and decentralisation.
i. meaning/definition
ii. differences between centralisation and decentralisation
10.Theory of delegated legislation

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i. meaning/definition of delegated legislation.

ii. forms of Delegated legislation.
iii. Control of delegated legislation
iv. Advantages and disadvantages of delegated legislation.
11.Revision
12.Examination.

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Meaning Of Constitution
A constitution is a body of agreed rules and Principles Stating how the powers of
governing a country are given and exercised. It provides a basic framework for the
law of the land. It helps to check and set limits on the actions of the government
and the ordinary Citizens.
Sources Of Constitution
1. Written document
Several countries have written down an agreed document that is generally
recognised and accepted as a constitution. A federal system of government for
example has a constitution.
2. Organic law
Since not all rules can b written down in a Single document, aspects of human
endeavour not captured in be constitution are taken care of by legislative rules
Procedures organic laws are special legislative rules
3. Judicial decisions
Most constitutions contain Statements that are unclear and ambiguous. The law
courts are responsible for interpreting the constitution and their interpretation is
regarded as authoritative.
4. History, Customs and traditions of the people determine the way basic rules
in the constitution and Society should be formed.
5. Constitutional Conferences
These are meetings in which difficult Constitutional issues are discussed and
resolved in preparation for a new constitution.
Function Of A Constitution
1. A Constitution Sets limits on the use of governmental powers.
2. A constitution defines the powers of the government.
3. A Constitution defines the basic organs of the government.
Features Of Constitution
1. The political Structure of the constitution is stated in the constitution. It
helps to define the division of powers among the various components of the
states.
2. The constitution reveals the type of party system to be adopted by the
country.
3. states the type of administrative structure that is operated in the country.
4. It helps to define the rights of citizens, their duties and obligations.

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5. It defines the qualification for citizenship and have Citizenship can be

acquired.
Types Of Constitution.
1. Written constitution
2. Unwritten constitution
3. rigid constitution
4. flexible constitution
5. unitary constitution
6. federal constitution
Written constitution
These are laid down rules in a single document which contains the fundamental
principles of organisation of various powers of government agencies and the rights
of the citizens.
Merits of a written constitution
1. Uncertainties of political life are reduced to the minimum.
2. Written constitutions guard against the emergence of dictatorships
3. Written constitutions serve as tangible symbolic values for a nation.
Demerits of Written constitution
1. Written constitutions are not easily adaptable to changing conditions and
emergencies.
2. It can discourage reforms because it takes a long time.
Unwritten constitutions
The fundamental principles and powers of a government are not codified or written
down in any single document.
Merits of unwritten constitutions
1. An unwritten constitution is flexible and therefore adaptable.
2. They are easy to interpret.
Demerits of Unwritten constitution
1. It does not have checks and balances.
2. It is not easily known or recognised.
3. It makes it easy to violate human rights.

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Differences Between Written And Unwritten

Constitution

Written Unwritten
1. It is written and well It is neither written nor documented
documented
2. It is rigid and difficult to amend It is flexible and easy to amend.
3. Decisions are not easily made Decisions are easily made because
because of the large number of only few people are involved.
decision makers.

Rigid Constitution
Rigid constitution is defined as one that is very difficult to amend or change. A
very special and complicated process is required before it can be amended.
Merits Of Rigid Constitution
1. It enhances individual rights because adequate consideration is mostly given
to the people when a change is needed.
2. It makes the political system very stable.
3. It serves as a restraint to prevent politicians and leaders from manipulating
the constitution for selfish reasons.
Demerits of Rigid Constitution
1. There is delay in rapid growth and development because a lot of processes
need to be followed.
2. The democratic rights of the people may be abused.
3. Rigid constitutions are resistant to change and innovation.
Flexible Constitution
This is a type of constitution that can easily be amended. Its amendment does not
involve any lengthy or difficult procedure.
Merits Of Flexible Constitution
1. It can easily be changed or amended.
2. It helps the government to take quick actions and decisions.
3. obsolete laws can easily be replaced with new ones.

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Demerits
1. The constitution can easily be manipulated by powerful leaders.
2. It is unsuitable for a federal system of government.
3. Human rights can easily be abused.
Unitary constitution
In a unitary constitution, all political powers are concentrated in the hands of a
single central authority.
Features Of A Unitary Constitution.
1. It is very flexible making it easy to amend.
2. Political powers are concentrated in the hands of a single central
government.
3. There is supremacy of the legislature and not the constitution.
4. Exercise of political power is derived by component units and not the central
government.
Merits of unitary constitution.
1. The constitution is flexible cand easy to amend.
2. unnecessary duplication of functions are avoided.
Demerits of Unitary constitution
1. The government may not respond positively to the problems and needs of
the people.
2. The Constitution is only suitable for countries with small populations.
Federal Constitution
This is a constitution which divides political powers to the different tiers of
government in a particular country.
Features Of A Federal Constitution.
1. federal constitutions are always rigid and written.
2. Powers are shared between the central and other tiers of government.
3. The three organs of government (executive, legislature and Judiciary) have
their powers and functions defined and separated in the constitution.
Merits Of Federal Constitution.
1. powers are shared between the centre sind alter Component units
2. Provision is made in the constitution for the protection of the rights of bola
the majority and minority
Demerits of Federal Constitution
1. A Federal System is too expensive to operate and maintain.

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2. The problem of duplication of functions can bring about waste of bold

human and material resources
Constitutionalism
Constitutionalism is a theory or practice in government that a Constitution is
accepted as the only legal instrument and guide for the approach to ruling a
country. It is a collective and modern country. It democratic government. In
constitutionalism, Power of government is limited to fundamental human rights to
Protect public and private individuals from unnecessary encroachment.
Importance / Purposes Of Constitutionalism
1. fundamental human rights
It enhances protection of fundamental human rights like the right to vote, Speech
etc.
2. Enforcement of the people’s rights
Only the constitutional Courts can enforce human/peoples rights. These
constitutional Courts include High courts, appeal courts Etc.
3. Right to vote and contest elections
This principle gives every adult the right to vote and be voted or in any elections
4. Equality before the law
Nobody, no matter how highly placed Should be above the law of the land.
5. Limitation in the exercise of functions
the activities of those who govern should not be absolute, limitation is placed in the
exercise of their functions by the constitution.
Relationship Between Constitution And Constitutionalism
The Constitution is a body of agreed rules and principles defining how the powers
of governing a country are given.
Constitutionalism is a theory or Principle that states that the powers of the various
organs should be defined and limitations placed in the performance of their
functions.
The idea of constitutionalism is mainly about safeguarding fundamental human
rights to avoid tyranny and dictatorship. Constitutionalism has led to the general
practice and adopting constitutions in many countries.
Rule of Law
The Rule of law is defined as the supremacy of law over everybody in the political
system. Rule of law as stated in the constitution emphasises supremacy of the law,

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equality before the law and the presence or inclusion of the principle of individual
rights. These laws guide every individual and activities of a state.
Basic Principles Of Rule Of Law.
1. Equality before the law
It means that all citizens in a country have equal rights in the state irrespective of
their economic and political status. Nobody is above the law.
2. Impartiality
This principle states that there should be impartiality in dealing with offenders. No
person should be punished for any offence until otherwise proven guilty by the
court. An accused person is regarded only as a Suspect and Should not be detained
for more than twenty four hours.
3. fundamental human rights
All humans are entitled to exercising their fundamental human rights and when
these rights are violated, they can seek redress from the courts. These rights
include right to life, right to speech, right to private and family life etc.
Problems Limitation Of Rule Of Law.
1. State of emergency
If a country is in crisis or in a state of war, a state of emergency can be declared
and the people's rights may be affected or denied.
2. Diplomatic immunity
Diplomats cannot be prosecuted in a country where they are Staying as
representatives of a country.
3. Types of government
A Single party system or a dictatorial government can limit the application of rule
of law.
4. Attitude of Government
Governments that may have leaders with dictatorial traits might refuse to honour
the decisions of the law courts.
5. Lack of independence for the judiciary
In cases where the Judiciary is strongly controlled by the executive and
government in power, rule of law can easily be abused or even denied. there could
be cases of injustice.
Fundamental Human Rights
These are those rights that are considered basic for the realisation of an individual's
full human nature. Fundamental human rights enable individuals to live full and

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complete lives with adequate expression to the person. Fundamental human rights
are usually stated in constitutions of the country. United Nations Organisation
guides to see that rights are respected.
Human rights are broadly categorised into;
1. Natural fundamental human rights.
These rights includes Right to life, freedom from interference with private and
family rights, freedom from Slavery, right to personal liberty, freedom of assembly
and association e.t.c
2. Social fundamental human rights
These include the right to own property, the right of every Child to be treated
equally whether born in or out of wedlock and not minding the circumstances of
his/her birth, right to employment, etc.
Fundamental human rights are included in the constitution because;
a. It makes it hard and almost impossible for any government to make a change
in it.
b. It helps citizens to know if their rights have been violated and to seek redress
at the law courts.
c. It protects citizens rights.
d. It prevents dictatorship.
Measures for safeguarding fundamental Human Rights
1. fundamental human rights has to be well stated in the constitution.
2. Various arms of government need to maintain adequate checks and balances.
3. There should be an Independent judiciary that has the full capacity of giving
fair and correct judgement.
4. International organisations can gear up governments to respect the citizens
rights. These organisations include United Nations Organisation (UNO),
Economic Communities of West African States (ECOWAS) etc.
5. Pressure groups like Bring Back Our Girls (BBOG) Can help in
safeguarding fundamental human rights.
Limitations of fundamental human rights
1. The enjoyment of human rights is subject to obedience of the law by
citizens. Any citizen who does not obey the law is expected to suffer for his
actions.

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2. In situations of economic troubles, depression or recession, the government

might be less capable of providing basic amenities which might affect
certain rights like right to employment or right to education.
3. During a political crisis, a state of emergency might be declared and this can
detract the rights of individuals.
4. Fundamental human rights demand certain obligations from the citizens. If a
citizen disobeys the laws he might be arrested or punished.
Seperation Of Power
This means division of political powers and functions among three forms of
government (executive legislature and judiciary) Every arm has different roles and
constituted authority to do what is expected of him. Lord Acton declared that
"Power corrupts, but absolute power Corrupts absolutely”. Separation of power
prevents absolute power since all powers are shared.
Checks And Balances
This is a situation whereby one arm of government checks another arm of
government against any possible abuse of power e.g the legislature makes laws but
these laws have to be interpreted by Judiciary, and if such law goes against the
constitution the Judiciary will declare them unconstitutional, (null and void)
Approval of budgets is another example where the executive have to submit to the
legislative and wait for approval.
Relationship Between Separation Of Power And Checks And Balances
The various arms of Government function in Such a manner as to serve as checks
and balances on one another. In reality separation of powers and checks and
balances are clearly the same. The aim of both of them is to;
a. Protect the rights and liberties of individuals in the course of Government.
b. Ensure that each arm of government works within the limits of its powers.
Separation Of Powers In A Cabinet System Of Government
In a cabinet System, separation of power is limited. Various arms of Government in
this system are closely linked and there is ‘fusion of powers’. In Britain for
example, they practise a cabinet system of government and the elected legislators
make up the parliament. In this system, members of the executive are also
members of the parliament. The prime minister for instance is both a member of
parliament and a leader of daily activities of government. The executive arm
appoints the Judges who make up the Judiciary. The Lord Chancellor who is like a
chief Justice is a member of the cabinet.

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Separation Of Powers In a Presidential System Of Government

Separation of powers is very practical. In the presidential system of government in
this system, no person can hold positions in both the legislative and executive
office at the same time. A member of the Judiciary too cannot at the same time be a
member of the executive or the legislature.
Representative Government
Representative government is very important in modern democracy. It is also
referred to as indirect democracy where the government is made up of elected or
appointed individuals. These elected individuals have the responsibility to perform
various functions and to take actions on behalf of those they represent. This System
is totally based on responsibility and accountability of political leaders. There are
periodic elections, law Courts, free press, periodic elections etc.
Means Of Establishing Representative Government
1. free elections
There should be a free and fair electoral process where citizens can easily choose
who they want to represent them without any fear of intimidation, harassment or
rigging. There should be no fear in voting.
2. Independent Electoral Commission
An independent electoral body should be put in place to oversee every activity of
electoral Nigeria for example, INEC (Independent national electoral commission)
is in charge of conducting elections in Nigeria. Its duty is to conduct free and fair
elections to make sure there is no malpractice.
3. fundamental human rights
Human rights are very important in a representative Government. The essence of
fundamental human rights is to give room for electorates to exercise their freedom
of joining any political association among others.
4. Accountability
Representatives are expected to be transparent, accountable and responsive to their
people's needs.
5. Independent Judiciary.
There should be a free, and independent Judicial System to make sure there is no
impartiality in deciding cases. There should be no interference from the executive
or legislative arm of government.

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Advantages Of Representative Government

1. It is the best and most organised way of ruling a country, society since not
everyone can be involved in the business of government.
2. It Saves time since few people sit to delegate and make decisions on issues.
It reduced the chances of a more rowdy time consuming process.
3. This system protects the equality of the people through the principle of ‘one
man one vote’.
Disadvantages Of Representative Government
1. Because the fate and interest of an entire population is on a few people, it
can be risky. Not everyone can be satisfied at some point.
2. It doesn't give room for adequate representation of the people
3. The best candidates may not necessarily get elected.
4. It is open to many political parties which can in most cases lead to political
instability.
Centralisation And Decentralisation.
Centralisation;
Centralisation is a Power-sharing arrangement where power is at the centre. There
is no sharing of power between the centre and the subordinate tiers of
government.The centre is the central decision making body. The Unitary System of
government has a central power arrangement Ghana, Britain, Gambia are examples
of Countries with a central power sharing arrangement.
Decentralisation
In this system, duties and responsibilities are shared from the central authority to
other Subordinate tiers of government. It is sharing power from central to other
smaller points. Eg federal, state and local governments.
There are two types of decentralisation which are;
1. Devolution; in this system, power is shared among various constituents and
Subordinates. Powers to make decisions are given to these units defending
on their Specified areas. tThey are given considerable autonomy.
2. Deconcentration: This is a sharing of limited and controlled powers to the
local units or subordinates. Responsibilities are shared within the various
local units based on their speciality eg INEC, Transmission company of
Nigeria (TCN) etc.
Advantages Of Centralisation
1. Since there is only one government, it creates a Sense of unity.

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2. There is uniformity in administration.

3. The system is more economical and cheaper
4. It guarantees even development of the entire Country.
Disadvantages Of Centralization
1. The central government may be too far from the rural areas
2. It can lead to administrative inefficiency especially in large countries.
3. Policy initiative and rule can easily be lost it the lord Level
4. The central government may become too caulkontarian.
Merits Of Decentralisation.
1. Because there are various units. It gives room for competition to do better
making it easy for development to happen quickly.
2. It helps bring the government nearer and more accessible to the people.
3. It makes it impossible for dictatorship to grow and thrive.
4. There is an adequate division of labour reducing the workload for the central
government.
Demerits Of Decentralization.
1. Personal and resource problema easily arise as a result of divided interest
and priorities.
2. It encourages jealousy and rivalry among various units
3. 1t reduces the influence of the central government.
4. It is expensive to run.
Theory Of Delegated Legislation
This is a body or rules put in place by Person, groups of persons institutions
organisations etc these powers are transferred through the acts of parliament to
other organisations such as ministers, local governments, etc.
Forms Of Delegated Legislation
1. orders in council; this is very peculiar to the British Government The king or
Queen gives orders to some matters having the backing of the law.
2. Bye laws; This is the most common delegate. They are usually made by the
local government.
3. Provincial orders; provincial orders are temporary general rules made by
local governments. This allows certain local governments to perform certain
duties pending the time parliament endorses the orders.

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Control Of Delegated Legislation

1. Parliamentary control; parliament exercises general control and Supervision
over bills designed as a result of delegated powers. Controls like this occur
even before bills actually become laws.
2. Judicial control; the law courts exercise control over rules and regulations
made by these organisations. This is to make sure these rules are made
according to the provision of the constitution.
3. Ministerial Control; Activities of public corporations are under the control
of the ministers.
4. Publicity; Before any order, rule of regulation becomes a law, the public
must be informed about such delegated legislation through the media.
5. public opinion; if there is widespread public Criticism, delegated legislation
may be withdrawn completely.
Advantages Of Delegated Legislation
1. It saves parliamentary time as minor issues are dealt with by
non-parliamentary bodies.
2. It allows for immediate action during emergencies such as wars, strikes,
floods and alter national disaster.
3. It allows for flexible laws. It is easy for example to enact bye-laws.
Disadvantages Of Delegated Legislation
1. It is undemocratic since laws are enacted via non-parliamentary procedures.
2. It is a violation of the rule of law.
3. It gives room for retroactive laws.
4. There is ineffective judicial and legislative control on laws enacted through
delegated legislation.

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