(a) Define constitution. (b) Identify six factors that are taken into consideration when drafting the Nigerian constitution.
(a) Constitution: A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. It is a document that outlines the basic principles, laws, and rules that define the nature, structure, and functions of a government.
(b) Factors in Drafting the Nigerian Constitution:
Historical and Political Context: The historical and political context of a country can play a significant role in shaping its constitution. The Nigerian constitution was drafted in the aftermath of a military regime and after the country had undergone significant political upheavals. These factors would have influenced the drafting process.
Values and Principles: The values and principles that a country wishes to enshrine in its constitution are critical. These values and principles will guide the decisions and actions of the government and its citizens. For example, the Nigerian constitution emphasizes democracy, rule of law, social justice, and human rights.
Federalism: Nigeria is a federal republic, which means that power is shared between the central government and the states. The constitution must provide a framework for this sharing of power and outline the responsibilities of both levels of government.
Separation of Powers: The Nigerian constitution outlines the separation of powers between the three branches of government – the executive, legislative, and judiciary. This ensures that no single branch has too much power and that there are checks and balances in place.
Protection of Rights: The Nigerian constitution protects the rights of its citizens and sets out the fundamental human rights that must be respected by the government. These include freedom of speech, religion, and association, as well as the right to a fair trial and protection against discrimination.
Amendment Process: The constitution must provide a clear process for amending it when necessary. This ensures that the document can evolve with changing circumstances and that the people have a say in any changes made to it. In Nigeria, amendments to the constitution must be approved by both the National Assembly and at least two-thirds of state assemblies.
(a) Constitution: A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. It is a document that outlines the basic principles, laws, and rules that define the nature, structure, and functions of a government.
(b) Factors in Drafting the Nigerian Constitution:
Historical and Political Context: The historical and political context of a country can play a significant role in shaping its constitution. The Nigerian constitution was drafted in the aftermath of a military regime and after the country had undergone significant political upheavals. These factors would have influenced the drafting process.
Values and Principles: The values and principles that a country wishes to enshrine in its constitution are critical. These values and principles will guide the decisions and actions of the government and its citizens. For example, the Nigerian constitution emphasizes democracy, rule of law, social justice, and human rights.
Federalism: Nigeria is a federal republic, which means that power is shared between the central government and the states. The constitution must provide a framework for this sharing of power and outline the responsibilities of both levels of government.
Separation of Powers: The Nigerian constitution outlines the separation of powers between the three branches of government – the executive, legislative, and judiciary. This ensures that no single branch has too much power and that there are checks and balances in place.
Protection of Rights: The Nigerian constitution protects the rights of its citizens and sets out the fundamental human rights that must be respected by the government. These include freedom of speech, religion, and association, as well as the right to a fair trial and protection against discrimination.
Amendment Process: The constitution must provide a clear process for amending it when necessary. This ensures that the document can evolve with changing circumstances and that the people have a say in any changes made to it. In Nigeria, amendments to the constitution must be approved by both the National Assembly and at least two-thirds of state assemblies.