The Dawn of Constitutionalism in Nigeria

The Dawn of Constitutionalism in Nigeria
Author: Anthony Diala
Publisher:
Total Pages: 69
Release: 2017
Genre:
ISBN:

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Constitutionalism in Nigeria has been crisis-ridden since independence in 1960. These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethno-religious conflicts, and disdain for the rule of law. At the heart of these crises are weak democratic institutions, which are sustained by bad leadership and a culture of impunity. After nearly three decades of cumulative military rule, the country returned to civilian governance in 1999 under a presidential system of government. Regrettably, this system is founded on a militarily-conceived constitution lacking a fully enforceable bill of rights and clear governmental functions. Since a strong bond links the process through which constitutions are produced and their degree of acceptance and effectiveness, questions over the Constitution's legitimacy prompted parliament to amend it in 2010. In examining post-independence constitution-making in Nigeria, this chapter finds that military rule blighted Nigeria's capacity to respond appropriately to the challenges of federalism. It argues that although deficient in popular sovereignty, the Constitution's legitimacy is moot since it is the operative law that governs the country. It submits that the problem with constitutionalism in Nigeria is poor leadership and poor implementation of the Constitution. It advocates good governance and a participatory approach to constitutional review as the foundations for strong constitutionalism in Nigeria.

Reports

Reports
Author: Nigeria. Constitution Drafting Committee
Publisher:
Total Pages: 250
Release: 1976
Genre: Constitutional law
ISBN:

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Forward to Freedom

Forward to Freedom
Author: Citizens' Committee for Independence (Nigeria)
Publisher:
Total Pages: 30
Release: 1957
Genre: Constitutional law
ISBN:

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Social and Political Foundations of Constitutions

Social and Political Foundations of Constitutions
Author: Denis J. Galligan
Publisher: Cambridge University Press
Total Pages: 693
Release: 2013-10-14
Genre: Law
ISBN: 1107434572

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This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.