3.

a. Checks and Balances I. Definition II. Mode of Operation

4/5 The Rule of Law I. Definition II. Tenents III.Mode of Operation IV.Limitation

6. 7.

Mid-Term break Political concepts a. Fascism b. Totalitarianism I. Definition II. Features Nazism I. Definition II. Features

8.

b. Political Participation I. Meaning II. Process 9. Citizenship I. Definition II. Qualification III. Determination of status 10. Fundamental Human Rights I. Meaning II. Classification of rights

11.

a. Representative Government I. Definition II. Features b. Democracy c. Representative Government I. Definition II. Features

12. Examination/Revision

Montesquieu argued that if freedom and liberty are to be maintained , then the three organs of government must be separated and their duties entrusted to different people. This will prevent the concentration of power on one single authority. For instance, the executive should only implement the laws made by the legislature, while the judiciary should only interpret the laws and the constitution.

Separation of Powers in a Parliamentary system of Government

There is actually no strict separation of powers in a parliamentary system. In other words, there is fusion of powers amongst the three organs of government because various arms are closely linked to each other. In a Parliamentary system, members of the executive i.e. the Prime-Minister and his Ministers are drawn from the legislature and they are also members of the legislature.

Furthermore, under the British cabinet system the house of lords which is the upper house is the highest court of law. While the lord-chancellor who is the Chief Justice, is a member of the judiciary and also a member of the executive. Separation of Powers in a Presidential system of Government There is a high degree of separation of powers in a Presidential system because members of the executive i.e. the President, Vice-President and Ministers are forbidden from holding legislative seats simultaneously .

In the same vein, there is separation of powers between the legislature and the judiciary. In essence, no organ of government can usurp(forcefully take away) the powers or interfere with the duties of the other organs of government.

Merits of separation of Powers

1. It guarantees and maintains the rights and liberties of citizens. 2. It leads to division of labour and specialization. 3. It ensures stable political system in a country. 4. It brings about efficiency in government. 5. Separation of powers removes the tendency for a particular organ exercising dominance over others.

Demerits of separation of Powers

1. It is not possible to have complete or absolute separation of powers. 2. It slows down the smooth running of government. 3. Separation of Powers without interference from other organs may make these organs to become inefficient. 4. It can bring about inability of government to take prompt and quick decisions on matters that need urgent attention.

Checks and Balances

Checks and balances are mechanisms used by the various arms of government to check each other in order to prevent abuse of office/power. It can also refer to an arrangement whereby an arm of government supervises and check another arm of government against any possible abuse of power. According to Jefferson, Power corrupts and absolute power corrupts absolutely. As a result of this, it is necessary to use power to check power because no arm of government possesses absolute power. This principle was introduced to avoid the following:

a) The violation of individual rights by an arm of government. b) The arbitrary use of power by any organ of government. c) The usurpation of the function or duty of any arm of government by another.

The operation of checks and balances in a Presidential system of Government

Separation of Powers
This theory was popularized by a French philosopher known as Baron De Montesquieu in his book titled, The spirit of laws, written in 1748. The principle of separation of Powers implies that the three organs of Government i.e. Legislature, Executive and Judiciary remain separate from each other in terms of function and personnel. It can also be defined as the division or separation of political power and functions amongst the three organs of government i.e. the legislature, Executive and Judiciary remain separated from each other.

GOVERNMENT CLASS
The Legislature checks the activities of the executive in several ways: a. Through the appropriation bill/budget, the legislature controls government spending to ensure that money is not embezzled. b. It can also summon any minister, head of public corporation or the president for questioning. c. Through the power of impeachment, the legislature can remove the President or Governor from office.

d. Certain appointments made by the President requires legislative approval, for example, the appointment of ministers and ambassadors.

The Executive also checks the legislature; a. When the legislature passes a bill, it requires Presidential assent to become a law. b. The President may withhold or veto a bill i.e. stop a bill from becoming a law. Such veto can however be annulled if the same bill is passed again by a two-third majority of the legislature.

The Judiciary exercises checks on both the legislature and the executive through the use of Judicial Review. By this, the judiciary can declare a legislative bill or executive action, unconstitutional or null and void. Through appointments, promotion, removal from office and provision of rules for court proceedings and recommendation of judges, the legislature and executive controls the judiciary.

The Rule of Law

This theory was popularized and developed by Professor A.V Dicey in his book, Introduction to the laws of the constitution, published in 1885. In his book he stated that, those entrusted with the authority of administering the state should exercise such authority in accordance with the laws of the land which is regarded as supreme. From this definition, the rule of law can be defined as the supremacy of law over everybody in a political system.

The basic principle of the rule of law includes the following: Impartiality in the administration of justice Equality before the law Fundamental Human Rights. Principle of impartiality: This principle is of the view that the law should be impartial in dealing with offenders. This means that no person should be punished for any offence until otherwise established by the court. Any accused person is still regarded as a suspect by law and should not be detained for more than twenty four hours according

according to the Habeas Corpus Act by the British Parliament in 1676. Principle of Equality: It states that laws should apply equally to all citizens in a country, irrespective of their economic or political status. Nobody should be above the law. Also access to legal facilities should be granted to all. Principle of individual rights: Every human being is entitled to an exercise of fundamental rights and freedom, and when these rights are violated, citizens must be given the right to seek redress from the court. Only the courts have the jurisdiction to entertain such cases.

Limitations to the proper practice of the rule of law

Limitations are the hindrances to the proper practice of the rule of law. These includes the following: 1. State of emergency: The citizens of a country can be denied some of their fundamental human rights i.e. freedom of movement, especially when a state of emergency is declared. 2. Diplomatic Immunity: These are special privileges and protection accorded to certain people and organizations which prevents them from being prosecuted e.g. Ambassadors, Parliamentarian, Governors e.t.c.

3. Poverty, illiteracy and ignorance: People who belong to this group are not often aware or conscious of their rights and most times cannot afford the bills. 4. Age-limit: Peoples ages play a significant role in determining the application of the rule of law. For instance, an under-age person cannot be prosecuted. 5. Special Tribunals: They are not constitutional or legal courts. People are always denied fair hearing in this type of court.

6. Unlawful detention, arrest and torture: Certain punishment administered by the law enforcement agencies e.g. the Police, state security services e.t.c. are limitations to the proper practice of the rule of law.

Factors that ensure the successful practice of the rule of law

1. Press Freedom: The press must be free and not to be censored. The government should not control or dictate to the press. 2. The judiciary should enjoy an unconditional independence. 3. Speedy and undelayed judicial process should be guaranteed. 4. As much as possible, the trial of offenders should be made public.

5. The citizens should be enlightened about their rights and lawful methods of exercising these rights. 6. Citizens should be granted the right to appeal when they are not satisfied with the judgment of the lower court.

Political concepts
Fascism Fascism is a kind of ideology which grew up in the 20th century. This theory was introduced by Benito Mussolini of Italy in 1922. Fascism is defined as a form of government headed by a dictator, in which government has a total control over all activities in the state and personal liberties are denied the people. The central political idea of fascism is the creation of a truly sovereign state headed by an authoritarian leader.

Fascism hated the existing political, economic and social principle and wanted a change through aggressive nationalism. It was anti-capitalism and anti-democratic. The government dominates all other forces within the country and at the same time guiding the masses and working after their interest. Features 1. There is supremacy of state right over individual rights. 2. The government has total control over all aspects of citizens life, e.g. education, religion e.t.c.

3. There is limited political participation because the government is controlled by a few elite group. The ordinary man on the street is not allowed to participate in decision making. 4. Fascism believes in violence especially war as a means of settling disputes. 5. Government owns and controls the mass-media. 6. Opposition is not allowed or tolerated by the government.

Totalitarianism
Totalitarianism is defined as a form of government in which the state has absolute control of everything including all aspects of the citizens life. In this form of government law is seen as a product of the will of the rulers. They alone have the right to decide standards of rights or wrong. In a totalitarian regime, the control of government is in the hands of a few party leaders who are completely dictatorial. A good example was Adolf Hitler of Germany. In 1933, he saw himself as the chosen leader with a mission to realize the destiny of the people.

As a matter of principle, his action could not be called to question. Features of Totalitarianism 1. The government is headed by a dictator. 2. There is no limit to the powers of government because there is no constitution. 3. Individual freedom and liberty is given little or no importance. 4. The government uses its machineries i.e. secret police, detention camps e.t.c to suppress those who oppose any of its policies. 5. The government controls the mass-media. 6. The system is usually practiced in a one-party state.

Nazism
Nazism may be defined as a form of government in which the state has a total control over the cultural, social, economic and political activities of the people with their fundamental rights being denied. In this system law is seen as the product of the leader, e.g. Nazi Germany under Adolf Hitler. Features or characteristics of Nazism 1. The state was all-embracing was seen as having solutions to all problems facing the state of Germany.

2. A one-party state: The state was one party and the only recognized and legal party was the National Socialist Party (NSP). 3. Nazi Germany: This was believed to be people belonging to one race and so there was the need to maintain racial purity of the state by declaring other races inferior. The Jews for example, were considered inferior and had no role to play in the state. 4. Full authority vested on the leader: Everybody was believed to be responsible to Hitler: his actions were right and above criticism.

5. All dissenting groups or those not willing to obey the leader were compelled to do so or dumped in concentration camps.

Political Participation
Political Participation is defined as the process whereby individuals get themselves involved in the political activities and in the decision making process of their country. Forms of Political Participation 1. Voting during elections: Citizens of a country can participate in politics by voting in an election. This enable people to choose or vote for candidates of their choice.

2. political Discussions: A citizen can be involved in politics by initiating and participating in political discussions. 3. Wearing of Party vest: A citizen can engage in politics by wearing or showing a sticker or emblem of a political party. This helps to identify him with a particular political party. 4. Holding of public offices: Holding of public offices allows the individual to contribute immensely in the area of decision-making and other crucial issues of national importance.

5. Supporting political parties: A wealthy and influential individual who is no more interested in partisan politics can sponsor or support a political party. 6. Protest and Petitions: Political participation can be expressed through protests and petition writing. People can embark on strike actions, lockouts, work-to-rule, boycotts and demonstrations in other to achieve a particular objective.

Citizenship
A citizen is someone who has legal and moral rights and also a bona-fide member of a state or nation. Acquisition of citizenship status 1. By Birth 2. By registration 3. By Descent 4. By Naturalization 5. Honourary Citizenship

Citizenship by Birth: This is obtained by being born in a particular state or nation. A child born to a Nigerian couple in the united states is automatically a citizen of their country. Citizenship by descent: A child born to a Nigerian couple in the united states is an American but he is also a citizen by descent because his/her parents are Nigerians. Citizenship by Registration: A foreigner may become a citizen by getting married to a Nigerian and as such registered as a citizen.

Citizenship by Naturalisation: People can become citizens of any country by Naturalization after fulfilling certain criteria or conditions. For instance, in the 1979 Nigerian constitution, such person must have the following criteria: a. he should be mature and sane b. He should be of good character c. He must be willing to live in Nigeria d. He must have contributed to the development or can contribute to the development of the country where he/she resides.

e. The governor of the state in which he wants to live must confirm that he is acceptable to the community and he knows the culture of that country. f. he must have taken an oath of allegiance. Honourary citizenship: The governor of a state may confer the honour of citizenship status on a personality considered to have contributed to the development of the country or to humanity in general. An example of such person is the late Mariam Makeba who in addition to her South African home country also has that of Tanzania and Guinea as a mark of honour.

Duties and Obligations of a citizen

Duties are those things that are compulsory for a citizen. Obligations are moral considerations which the citizens are expected to perform for effective governing. The duties include: 1. Obedience to law. 2. National service 3. Loyalty to government

4. Payment of taxes 5. Defence of the country 6. Assistance to the law enforcement agencies 7. Care for public properties 8. Help to protect the sovereignty and integrity of the nation. Difference between a citizen and a non-citizen A non-citizen is not a legal member of a state whereas a citizen is a legal member of state with full constitutional rights.

A non citizen cannot vote or be voted for in any election while a citizen can vote and be voted for in any election. The rights of a citizen are guaranteed while that of a non-citizen is not. The life of a citizen is fully protected by the state while that of a non-citizen is not under the protection of a state.

Fundamental Human Rights

Fundamental human rights can be defined as those inalienable rights and privileges enjoyed by the citizens of a given state which are usually stated in the constitution of the country. It is the responsibility of a state to ensure that its citizens enjoy these rights. Usually, these are rights the United Nations Organization recommend for all member states. Such rights include, the right to life, security and protection, freedom from slavery, right to seek redress in the court of law, freedom from unlawful detention and imprisonment, freedom from oppression, freedom of the press etc.

Classification of rights into justiciable and non justiciable rights 1. Justiciable rights: These are rights capable of being invoked in courts of law and enforced by the judges or rights in which one can seek redress for in a court of law. One can seek redress for cases of unlawfull possession of property, right to dignity of human person, unlawful detention etc. 2. Non-justiciable rights: These are rights that are not capable of being invoked and enforced by judges in law courts.

It is argued that many economic, social and cultural rights, such as the right to food, housing ,health, gainful employment and social security are by their very character non-justiciable rights. Limitations of fundamental human rights 1. All rights are enjoyed, subject to the laws. Anybody that violates the law may suffer some deprivation. For instance, such a person may be imprisoned and deprived of freedom of movement. 2. During a state of emergency: The government may prohibit freedom of movement and expression.

3. The right to freedom to own private property may be deprived, if the government need to aquire such properties. 4. Slander or libel: A citizen has no right to slander or libel other citizens. This is a limitation to freedom of expression. 5. State security: Citizens may not be allowed to join secret societies or associations, if they threaten the state security. This is a limitation to freedom of association. 6. Citizens may be deprived of their lives: This could happen if they take another persons life and condemned to death by the law court.

Democracy
Democracy is a system of government in which the people as a whole take part directly or through their elected representatives in policy-making and policy implementation. It is a government based on popular will or majority consent. It is a government of the people, for the people and by the people. It started in the Greek city-states of Athens and Sparta.

Nigeria in the first, second and forth republics, France, U.S.A, Britain, Tanzania are examples of states under democratic government. Features 1. There must be a constitution. 2. The citizens of the state enjoy the rule of law. 3. The fundamental human rights are recognized and safeguarded by the constitution. 4. There must be regular free and fair elections. 5. There is a fixed term of office for public office holders.

6. Government action must be open to public appraisal. 7. The judiciary should be independent. 8. There should be freedom of the press. Merits 1. It leads to public accountability. 2. It encourages greater participation of the people in the state affairs. 3. It allows for equality of rights. 4. It encourages the spirit of tolerance 5. It promotes team work.

Demerits
1. It encourages the tyranny of majority. 2. There is over politicization. 3. Voters may vote wrongly as appeals to emotions takes the place of appeals to reasons. 4. It leads to delay in decision-making.

Representative Government
Representative government is a factor of democracy and it refers to a government made up of appointed or elected individuals. Such individuals have the mandate to represent, legislate, or perform various functions and to take actions in the interest and on behalf of those represented. Features 1. Free elections. 2. Independent electoral commission.

3. Proper constituency delimination. 4. Up-to-date electoral register. 5. Regular elections.

End of second term

Classification of states
Federal State/ Federal system of Government A federal system of government can be defined as one in which government powers are shared amongst the central government that represents the whole country and state/local government. Examples of federal states are, U.S.A, Nigeria, Canada etc. Features 1. The constitution shares powers amongst the central, state/local government.

2. The constitution is supreme. 3. The constitution is written and rigid. 4. The procedure for amending the constitution is well stated. 5. There is no constitutional for a state to secede. 6. There is the existence of a bicameral legislature i.e. two law-making chambers or houses.

1. 2.

3.

4.

Reasons for adopting a federal system of government Protection of the interest of the minority groups. States decide to form a federation for security reasons i.e. need to form a solid defence and security network against external forces. Fear of domination: The minority ethnic groups may feel dominated by the major ones and to erase such fears, federation is adopted. Anticipated economic advantages: States decide to form a federation in order to take advantage and to harness the vast resources for general good.

5. Diversities in culture: The recognition of the diversities in cultures, religious beliefs and languages e.g. in Nigeria, may allow for the adoption of a federal system. 6. Geographical contiguity: The nearness of states to each other normally brings about the desire to form a union. Merits of Federal system 1. It does not give room for a dictator. 2. It encourages political stability. 3. It takes care of the different interest ethnic groups.

4. It makes government close to the people.

Demerits 1. It is very expensive to run. 2. There is always the problem of sharing the states resources e.g. Nigeria. 3. It has led to the threat of secession i.e. states trying to break away (the biafra war in Nigeria).

Unitary State/system of government

A unitary system can be defined as one in which all powers and authority of running the state are concentrated in the hands of a single central authority e.g. France, Italy e.t.c. Features 1. The system is best practiced in a homogenous State. 2. There is no constitutional division of powers between the centre and other units.

3. There is only one legislature and executive for the whole country. 4. The central government can create local authorities and has power to dissolve them. Confederal state/system of government Confederal system can be defined as a league of sovereign or independent states with a weak central government. The Greek city-states, Germany, Former Sene-Gambia e.t.c. are good examples of confederation which did not last long.

1.
2. 3.

4.

Features Consultations: This is made among them before taking independent actions. Loose union: Confederation is a loose union of sovereign states. No effective executive authority: Members only send delegates to the centre to discussissues of common interest like defence, telecommunication e.t.c. No national armed forces: The various members of the confederation maintain and retain their separate military establishments.

5. Separate diplomatic representations: Member states have separate diplomatic representations. 6. Right of secession: Members have equal status and have the right of secession from the confederation if and when the government of member statesa so desire. 7. Absence of effective central authority: This is because a sovereign power cannot be located in a confederation. 8. Constitution: The constitution may be seen as very accommodating to changes.

Merits of confederal state

1. The component states have total control over their internal affairs