Government Lesson Note SS2 Second Term

20 minutes read

SS2 Government Lesson Notes – Edudelight.com

Term: 2^nd Term

Subject: Government

Class: SS2

SCHEME OF WORK

Weeks Topics

1 & 2 (i) Presidential system of government

Meaning, functions of the president as the Head of state

Characteristics of presidential system of government: merits & demerits.

(ii) Parliamentary system of government

Definition, features of prime minister

Functions of cabinet in a parliamentary system

Collective responsibility and individual responsibility merits and demerits

(iii) The difference between parliamentary and presidential system of government

3&4 (i) Monarchy: Definition, forms, merits, demerits, features

(ii) Republican government: meaning features

(iii) Military government: features reason for military intervention

(iv) Difference between republicanism and monarchy

5 & 6 Constitution and constitutionalism definition sources

Features types (written unwritten rigid flexible unitary

Federal and confederal merits and demerits of each type

Meaning of constitution and purposes

7&8 Structure and organization of government

Legislature: meaning functions types merits and

Demerits of each type

Bill: meaning types procedure and how bills become law

9 & 10 Executive and the judiciary

11 & 12 Revision and examination

WEEK ONE

Topic: Presidential System of Government

Content:

Presidential system of government is defined as one in which the head of state of a country is also the head of government. The United States of America and Nigeria are wholly committed to presidential system.

FUNCTIONS AND POWERS OF THE PRESIDENT AS HEAD OF STATE

Assent: He has the power to sign a bill into law. He can however, refuse signing a bill, if it has some anomalies until they are corrected or normalized by the two Houses
He receives visitors from other parts of the w0rld.
He represents the country at international conferences, e.g. UNO, AU and ECOWAS
He also performs ceremonial functions like fund raising, taking salute at parade grounds, independence day celebrations etc.

CHARACTERISTICS OF PRESIDENTIAL SYSTEM OF GOVERNMENT

The president is both the head of state and head of government.
The principle of separation of powers where the executive arm of government is separated from the legislature and judiciary applies in the presidential system.
The president is elected by the electorate either directly or indirectly through an electoral college and not chosen by the legislature.
The constitution is the supreme law in a presidential system.
Absence of opposition party.
The tenure of office of the president is limited to a fixed term.

MERITS OF PRESIDENTIAL SYSTEM OF GOVERNMENT

Best materials are giving political appointments by the president
Checks and balances are very effective among the three organs of government.
Ministers are in individually responsible to the president. Therefore, they could be fired when they are not performing.
The constitution is supreme. And can only be amended by the parliament.
There is fixed term of office.

DEMERITS OF PRESIDENTIAL SYSTEM OF GOVERNMENT

It is costly to operate
Lobbying is a common feature in the system, especially in the parliament and can lead to corrupt practices
Impeachment process may be difficult.
No security tenure of office for ministers.
Separation of power can cause delay in the execution of some government programmes e.g. the legislature can delay approval of budget or names of those nominated for ministerial posts.

EVALUATION

See your workbook for further exercise
Practice WASSCE question papers.

SS2 Government Lesson Notes – Edudelight.com

WEEK TWO

PARLIAMENTARY SYSTEM OF GOVERNMENT

Cabinet or parliamentary system of government may be defined as one in which the Head of state is different from head of government and there is no strict separation of power between the executive and the legislature.

The prime ministers that exercises real executive powers is the head of Government while the Queen or the king as in Britain is the Head of state that performs ceremonial functions

THE FUNCTIONS OF THE PRIME MINISTER

The prime ministers is the head of government.
He exercises real executive powers.
He is the head of the ruling party
He nominates the ministers from members of his party that are parliamentarians.
He represents the country in international conferences among commonwealth of nations.

MERITS OF CABINET SYSTEM

It reduces dictatorial tendencies because the executive arm of government can be dismissed by the legislature through a vote of “no confidence”
It breeds co-operation between the executive and the legislative arms of government owing to fusion.
The system is less expensive than the presidential system.
It gives room for good governance owing to the presence of official opposites party that exercises any bad actions of the ruling party.
There is principle of collective responsibility. This make all parties at stake to work collectively as any mistake by anyone might affect the others.

DEMERITS OF CABINET SYSTEM

It does not facilitate quick decision making. Owing to the principle of collective responsibility i.e. prominent in the system.
It encourages dictatorship due to excess power vested in the prime minister.
Uncertain tenure of office
There is no personnel accountability. It makes the ministers to behave anyhow.
There is fusion of power this does not encourage specialization in the art of governance which gives room to gross inefficiency.

DIFFERENCES BETWEEN THE PRESIDENTIAL AND PARLIAMENTARY SYSTEM OF GOVERNMENT

There is a clear separation of powers between the executive and the legislature in the presidential system, while in the parliamentary system the two are fused.
The principle of checks and balances applies in the presidential system but does not apply in the cabinet system.
The constitution is supreme in the presidential system, the parliament is supreme in the parliamentary system.
There is no official opposition party in a presidential system, while in a parliamentary system there is a party legally and officially recognized as opposition party.
USA is a good example of a country that practices the presidential system, Britain offers a good example of a parliamentary system of government.

EVALUATION

See your workbook for further practice.

SS2 Government Lesson Notes – Edudelight.com

WEEK THREE

MONARCHY

Monarchy is a form of government headed by a king, queen or emperor, known as the monarch. Monarchy is a hereditary system of ruler where power is transferred within the family from one generation to the other, and sovereign is vested in an individual. Examples are Britain, Morocco, Saudi Arabia, and Austria.

TYPES OF MONARCHY

Absolute Monarchy: This is the type of monarchy in which the monarch is the chief executive officer of the state and has unlimited powers. In an absolute monarchy the liberty of the people is drastically reduced. Example of former absolute monarch are late Emperor Haile Sellaisie of Ethiopia and Nicholas Il in tsarist Russia. Today, ruling monarchs are very few. Examples are those of Morocco and Saudi Arabia.
Constitutional Monarchy: The constitutional monarch had limited powers which are derived from the constitution. Such a monarch is just a ceremonial head of state and a symbol of the nation. Britain is a good example of a ceremonial monarchy, where the head of state is a figure head.

CHARACTERISTICS OF MONARCHY

It is government by a King or Queen.
This form of government is hereditary.
It is based on age – long cultural practices.
The monarch is the individual representatives and organ of the supreme power
Monarchy is a natural institution.

MERITS OF MONARCHY

Monarchy brings about political stability because of natural descent and conferment of sovereignty in a single ruler.
It can easily adapt to emergency situations as the monarch (especially absolute monarch) need not consult anyone before making decisions.
National loyalty is encouraged because obedience to the monarch is seen as obedience to God.
The monarch is an historical and spiritual figure as the custodian of the customs and traditional of the people.

DEMERITS OF MONARCHY

Monarchy does not accept the principle of popular sovereignty.
A monarch could be a despot as good intentions, ability, and good conduct are not hereditary.
The divine right of the monarch makes their subjects passive participants in the political system.
Most public officials in a monarch are not elected.
Competent citizens that are not of the royalty may be left out of government.

EVALUATION

See your workbook.
Treat past WASSCE questions.

WEEK FOUR

REPUBLICAN GOVERNMENT

A republican government is that which has an elected head of state by the people. Nigeria operated the republican presidential system from 1979 – 1983. This was also known as second republic in which Alhaji Shehu Shagari the executive president was both the head of state and head of government.

FEATURES OF A REPUBLICAN GOVERNMENT

The head of state is known as the president is elected by the people.
A republican must be politically independent.
Members of the legislature in a republic are directly elected by the people.
A republican constitution is entirely home – made.
The rule of law is an essential feature of a republic.

MILITARY RULE

The primary role of the military is to defend the country against external aggression. Nevertheless, having tasted power through politics, we can succinctly states that it is a political aberration meaning wrong direction. Major Chukwuma Kaduna Nzeogwu on the 15^th of January 1966 sacked the first republic civilian government and in West Africa, Togo was the first West African state to experience a bloody coup detat when General Gnassingbe Eyadema assassinated president Sylvanus Olympio on 13^th January 1963.

FEATURES OF MILITARY GOVERNMENT

The structures of the military is hierarchical and centralized i.e. from General to the recruit there is high level of discipline.
The military do not tolerate any kind of opposition
They are dictatorial in nature.
The military controls the instrument of violence (e.g.) armored car and tanks, AK – 47 e.t.c .
They rule through issuing of decrees.

REASONS FOR MILITARY INTERVENTION IN POLITICS

External influence: The western powers like USA, France, Britain and Russia might be interested in the affairs of a country i.e. Those in position of authority like in Nigeria and Myanmar (Burma) last year.
Tribal/ethnic loyalties: This is a problem confronting newly created states e.g. Nigeria and Southern Sudan recently
Allegations of corruption, Nepotism and Maladministration of public funds are leveled against corrupt politicians
Low level of economic development
Vaunting ambition of young soldiers to taste power at all cost

No thanks to military in politics in Mali, Ivory Coast few years back.

DIFFERENCES BETWEEN MONARCHY AND REPUBLICAN

One of the differences between monarchy and republic is that in monarchy the head of state is known as monarch while in republic the head of state is known as the president
The president in a republic is elected by the people, while the monarch monarchy comes to political power through comes to political power through hereditary right
All members of the legislature in a republic are elected by the people, some legislators in a monarchy are appointed while others inherited their membership of the legislature
The principle of the rule of law is seriously adhered to in a republic while in a monarchy the principle of rule of law does not exist.
Monarchy rule by divine rights, while in a republic, the principle of popular sovereignty lies with the people.

EVALUATION

See your workbook for further practice
Practice WASSCE past questions papers.

WEEK FIVE

Topic: CONSTITUTION

Content: The Constitution is the Fundamental Law of the Land and is supreme. The Constitution also States the rights, duties, and obligations of the citizens.

SOURCES OF CONSTITUTIONS

Past constitution of other countries most often form the basis of any new constitution e.g. the American Constitution served as role model for the 1979 constitution in Nigeria
Judicial precedents: Past Judgments of law courts on constitutional matter of High court, court of Appeal, supreme court often form the basis for a new constitution
Customs and traditions: In a plural society like Nigeria with over 250 ethnic groups, the customs, norms and values of the people are to be considered when drafting a new constitution.
Constitutional conferences: Topical issues are ironed out and agreement and compromises reached are taken into consideration for the drafting of a new constitution.
Acts of parliaments: The laws or enactments by parliaments form part of constitutional frame work.

FEATURES OF A CONSTITUTION

It has a preamble, or an introduction which states the ideological stand of the constitution
The constitution states the type of party system that will operate in a country
It names the organs of government their functions and their relations to one another
A constitution of a country specifies the rights and duties of the citizens
It states the tenure of office holders and their qualifications.

A written constitution refers to when the whole body of fundamental laws, customs, conventions, principles, rules and regulations according to which a particular government of a country operates are written or documented down. U.S.A, Nigeria, India and Canada operates written constitutions.

FEATURES OF A WRITTEN CONSTITUTION

It is written down in a single document
A written constitution has a preamble or introduction which expresses the essence of the constitution
A written constitution is rigid in nature
It states and defines the organs of government their functions and relationship
A written constitui8on looks very simple because, it can be obtained in a single document

MERITS OF A WRITTEN CONSTITUTION

A written constitution can be obtained and consulted as a single document
It has easy reference in case of disputes
A written constitution removes ambiguity normally experienced with unwritten constitution
A written constitution ensures stability
It reduces the rate of disputes among organs of government since their functions are clearly written in the constitution

DEMERITS OF WRITTEN CONSTITUTION

Most written constitution are rigid and therefore, they create problems of amendments.
It may lead to constant disaffections if it does not favour some section of the country
Unless a written constitution is frequently amended it will not meet both the present and future needs.
It may lead to constant litigation since it is easy to obtain and consulted and therefore, people can easily know when their rights are violated.
Written constitution does not fit all types of government like unitary system of government

UNWRITTEN CONSTITUTION

An unwritten constitution refers to when the whole body of fundamental laws, customs, conventions, principles according to which a particular government of a country operates are not written down or codified in a single document. Britain and New Zealand are good examples of countries that have unwritten constitution.

MERITS OF AN UNWRITTEN CONSTITUTION

An unwritten constitution makes for easy and quick decisions
An unwritten constitution has an advantages of having high degree of flexibility which can easily adapt to a country’s changing social, political and economic situations
It does not pose problems of amendment
It does not lead to constant litigation as is the case with written constitution
It meets both the present and future needs of a country.

DEMERITS OF AN UNWRITTEN CONSTITUTION

It is prone to abuse by the government and individual since the laws are not codified in one document
Unwritten constitution can encourage dictatorship
It does not create room for individuals to know their duties and rights
Unwritten constitution is surrounded with ambiguities
It does not suit a federal system of government

RIGID CONSTITUTION

A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedures of amendment. U.S.A, Australia, Nigeria and Canada have rigid constitutions

MERITS OF A RIGID CONSTITUTION

A rigid constitution is difficult to amend or change, which prevents hasty actions
It prevents dictatorial leader from amending the constitution to serve their selfish interest
It ensures political stability in a country because, no one section can amend the constitution to its favour.
It protects the interest of the minority groups
It allays fears of ethnic domination by the majority groups in a plural nation like Nigeria.

DEMERITS OF A RIGID CONSTITUTION

Its amendment is stringent and cumbersome
Its inflexibility makes it difficult to take quick actions in time of emergency
It creates room for insurrection or civil war which brings about its violent change/amendment
It is very expensive, time and energy consuming in conducting referendum for the changing or amending a rigid constitution
A rigid constitution does not suit the changing social, economic and political situations of a country.

FLEXIBLE CONSTITUTION

A flexible constitution may be defined as that constitution which can be amended or changed so easily without stringent and cumbersome procedures. Britain, Italy, New Zealand etc. are examples of countries that have flexible constitution.

MERITS OF A FLEXIBLE CONSTITUTION

A flexible constitution is easy to amend
It is flexible and allows for quick actions to be taken in time of emergency
It does not encourage revolution or civil war since its flexibility does not make for violent change or amendment
Its amendments is not expensive, time and energy consuming
A flexible constitution suits the changing social, economic and political situations of a country.

DEMERITS OF A FLEXIBLE CONSTITUTION

A flexible constitution can be amended in a hasty and thoughtless manner because it is easy to amend
It encourages dictatorship because, leaders with dictatorial tendencies can easily amend it to suit their dictatorial whims and caprices
It does not ensure political stability because, one section of the country can amend it to its favour.
It does not adequately protect the interest of the minority groups in a multi ethnic state like Nigeria
A flexible constitution is enveloped by constitution ambiguities.

EVALUATION

See your workbook for further practice
Treat past WASSCE and NECO questions

SS2 Government Lesson Notes – Edudelight.com

WEEK SIX

TOPIC: FEDERAL CONSTITUTION

CONTENT:

The federal constitution specifies the legislative powers of these different governments. In Nigeria, the central government also known as federal government legislates on the exclusive last, while both the federal and the component government called states make laws on the concurrent list of subjects. Examples of countries with Federal Constitutions are: USA, Nigeria, Brazil and Switzerland.

FEATURES OF A FEDERAL CONSTITUTION

There is division of governmental powers between the central government and component government of the regions
It guarantees the supremacy of the constitution
The different governments derive their powers from the constitution
Federal constitution is always written. There is duplication of organs of government in all governments.

MERITS OF A FEDERAL CONSTITUTION

One of the advantages of a federal constitution is that it unites people of different political, social, geographical, cultural, religious, historical and linguistic origin together.
It maintains the independence and autonomy of the component region or states
It protects the interest of the minority groups.
It makes room for wider representation of the people
The constitution prevents ethnic domination by majority group, over minority ones.

DEMERITS OF A FEDERAL CONSTITUTION

It emphasize the differences among the different ethnic groups in a country.
A federal constitution creates, a weak central government
It increase sectional consciousness which does not guarantee peace and unity in a country.
It encourages secession or break of the country.
It creates problem in the sharing of the wealth (national cake) of the country among different component regions or states of the country.

UNITARY CONSTITUTION

A unitary constitution refers to one that concentrate governmental powers and authority in a single central government or legislature. They derive the powers they exercise from the central government. Example are: Britain, Italy, France, Belgium, New Zealand, Sweden, Ghana and the Gambia.

FEATURES OF A UNITARY CONSTITUTION

It concentrates governmental powers and authority in a single central government
It is a flexible constitution
A unitary constitution is not necessarily written
The constitution is not supreme but the legislature
Unlike a federal constitution the citizens owe allegiance to only one government in a unitary constitution

MERITS OF A UNITARY CONSTITUTION

A unitary constitution is flexible and easy to amend
Its flexibility allows for quick decision and action to be taken in time of emergency
It adapts easily to the changing and prevailing condition in a country
Unitary constitution is less expensive to operate
It encourage rapid economic development of a country.

DEMERITS OF A UNITARY CONSTITUTION

Its amendment can be done in a hasty and thoughtless manner since it is flexible
It encourages the emergence of dictatorship as a result of concentration of governmental powers in one single authority
It can lead to ethnic domination of the minorities by the majorities
It is not suitable for a multi ethnic nation
It does not make room for wider representation of the people in the government.

CONSTITUTIONALISM

The term constitutionalism means that the power of government should be defined and limited by the dictates of the body of the fundamental laws of the land known as the constitution.

PURPOSE/IMPORTANCE OF CONSTITUTIONALISM

Equality before the law: It stresses the fact that, nobody is above the law irrespective of the person’s position or wealth
Limitations in the exercise of functions: This implies that the activities of those who govern should not be absolute
Fundamental human rights constitutionalism enhances human right
Popular sovereignty: Constitutionalism promotes the right of every adult to vote and be voted for at any political elections
Judicial independence: Constitutionalism implies that only the constitutional courts can enforce people’s rights like high courts, appeal courts and the supreme courts.

EVALUATION

See your workbook for further practice
Treat past WASSCE question papers.

SS2 Government Lesson Notes – Edudelight.com

WEEK 7

TOPIC: LEGISLATURE

CONTENT:

The legislature is the organ of government that is assigned the function of law making. The legislature is given different names in different countries like National or state assembly in Nigeria, parliament as in Britain, Congress in USA and Knesset in Israel and Diet in Japan. The legislature can be one of two houses depending on the country.

FUNCTIONS OF THE LEGISLATURE

Law making: Making of laws that direct and guide the affairs of the nation and guarantee peace and progress, is one of the main functions of the legislature
Amendment of the constitution: It is also the duty of the legislature to amend the constitution of a country when necessary
Control of the executive: To avoid misrule, the legislature is empowered to check and control the activities of the executive organ of the government
It serves an avenue for training future leaders
Judicial functions: The legislature in some countries serves as the highest judicial authority of the last court of appeal i.e. the house of Lords in Britain
Ratification of international treaties

TYPES OF LEGISLATURE

There are two types of legislature i.e. unicameral and bicameral

Unicameral legislature: Unicameral refers to a situation in a country where there is only one legislative house or body that makes laws. Gambia, Ghana had adopted unicameral legislature in the past
Bicameral legislature: Bicameralism refers to a legislature with two legislative house or bodies. Before a bill assents. Nigeria, USA, Canada and Australia adopted bicameralism in USA and Nigeria, there are house of representative which many people refer to as the lower house and the senate which they term as the upper house.

ADVANTAGES OF UNICAMERAL LEGISLATURE

A one chamber legislature as unicameralism is also known as ideal with unitary states
It gives room for a faster process of law making
It is cheaper to maintain a unicameral legislature than a bicameral legislature
Unicameralism avoids the squabble experienced in bicameralism as to which of the houses is upper and which is lower.
It does not allows filibuster to carry out their nefarious activities as they do when there are two chamber legislature.

DEMERITS OF UNICAMERALISM

It is an unpopular type of legislature
Unicameralism does not allow bills to be properly debated before they are hastily passed
The executive arm can easily pocket a unicameral legislature
Unicameral legislature creates room for the emergence because it does not check his excesses like bicameral legislature.
It does not make for adequate representation in a country as large as Nigeria

ADVANTAGES OF BICAMERALISM

It makes for equal and adequate representation of the people in a federal state
The second chamber checks and prevents hasty and ill considered passage of bills as is the case in unicameral legislature
Bills are properly debated in bicameralism thereby, making it possible for better laws to be made in the country
The second chamber corrects any error and faulty legislations committed in the first chamber
The second chamber reduces the work load of the upper house

DISADVANTAGES OF BICAMERALISM

Bicameralism causes serious delay in the process of law making unlike unicameralism
A lot of public fund is wasted in maintaining two legislative chamber involved in bicameral legislative and the paraphernalia that go with them
Having two legislative chamber encourages duplication of functions since they perform the same functions
It leads to unnecessary rivalry as to which of the two houses is superior to the other.
Many of the members appointed in the second chamber have advanced in age and therefore in active

WEEK EIGHT

TOPIC: BILL

A bill may be defined as a proposed law to be discussed in the parliament in order for it to become law

TYPES OF BILL

Public Bill: This is a bill that deals with the matter or problems that affect the whole or a section of the country. This type of bill comes from the executive arm to the legislature
Money Bill: This types of bill deals with how government raises and spends money. It can be in form of budget that deals with total estimated revenue and expenditure of government in a financial year. Money bill originated from the executive
Private members bill: This is a bill introduced into the parliament by a member of such house or parliament

HOW A BILL IS PASSED IN THE PARLIAMENT IN ORDER TO BECOME A LAW

First reading: This is when the drafts of a bill is represented to the clerk of the house by a ministers or a member of the parliament depending on the type of the bill. Members of the parliament will be notified about the presence of such bill by the clerk of the house who will read out the title
Second reading: This is a stage in which the person that brought the bill to the house will explain to the house the purpose of the bill. Members of the parliament will then debates or argue for or against the bill whether it should be read a second time.

This is a stage where the bill is referred to committee which can be committed of the whole house or standing committee depending on the importance of the bill. Members of the parliament will then debate or argue for or against the bill whether it should be read a second stage.

Committee stage: This is a stage where the bill is referred to committee which can be committee of the whole house or standing committee depending on the importance of the bill
Report stage: As this stage, all the findings of the various standing committees are reported to the house or the bill placed before the house after all the amendments have been made.
Third Reading: At this stage, a thorough look would be taken on the bill in order to correct certain errors connected with the drafting or amendment.

A final vote is also taken on the bill at this stage. The bill automatically become a law after being signed by the president.

EVALUATION

See your workbook for further practice
Practise past WASSCE questions papers.

WEEK NINE

TOPIC: THE EXECUTIVE

CONTENT: The executive is the organ of government responsible for the implementation, execution or enforcement of laws, policies and directives made and given by the legislative arm of the government.

Members of the executive include; the president, prime minister, governors, ministers, commissioners and other officials and civil servants.

TYPES OF EXECUTIVE

Single executive/presidential executive: It is a system of government in which all executive of government in which all executive powers of government are vested in the president. The president is the head of state, head of government and commander in chief of the armed forces. USA, Nigeria, Brazil, Chile practiced this system.
Dual executive/parliamentary executive: It is a system of government in which one person is the head of state, while another person is the head of government. The head of state may be a monarch or ceremonial president while the head of government is usually the prime minister. Also in the parliamentary executive, all the members of the executive are also the members of parliament.
Collegiate executive: It is a system in which a number of people forms a council which rotates the chairmanship of the council and leadership of government in turns among its members. It was used during Olympio’s rulership in Togo.

FUNCTIONS AND IMPORTANCE OF THE EXECUTIVE

Executive of laws: It is the executive arm that executes or implements the laws made in the legislature by making sure that they are obeyed
Giving assent to bills: The head of the executive arm signs or gives assent to bills before they can become laws.
Maintenance of external relations: The executive maintains external relations, signs treaties, etc. with other countries especially friendly ones
Formulation of policies: The executives formulates policies that guide the general administration of the people in particular and the country as a whole
Making of budgets: It is the executive that prepares the total proposed financial expenditure and revenue of the government in every new financial year.

EVALUATION

See your workbook for further practice
Practise past WASSCE questions papers.

WEEK TEN

TOPIC: THE JUDICIARY

CONTENT: The judiciary is the third organ of government responsible for interpretation and application of the laws when they are broken or violated. It also adjudicates in disputes between the government and the citizens or organization.

The judiciary is made up of different courts like the Supreme Court, appeal courts, high courts, magistrate courts, customary courts, administrative courts and tribunals.

FUNCTIONS AND IMPORTANCE OF THE JUDICIARY

Introduction of Laws: This is the primary function of the judiciary in a country
Dispute adjudication: The judiciary adjudicates in disputes between the executive and the legislature and between government and citizens or organization etc.
Punishment of law breakers: As the watchdog of the law, the judiciary makes sure that laws made are obeyed and those who refuse to obey the laws are severely punished
Guardian of the constitution: The judiciary guards and protects the constitution of the land from flagrant violation by anybody no matter how highly placed
Determination of election petitions: The judiciary performs the function of hearing and determining election petitions in order to ascertain true winners.

INDEPENDENCE OF THE JUDICIARY

This implies that the judiciary must be impartial and free from any control or interference by individuals, groups or the other two arms of government in the exercise of its power.

REASONS WHY JUDICIARY MUST BE INDEPENDENT

Individual Liberty: The judiciary is the last hope of the common man, therefore it should be free to discharge its duty without fear or favour so as to safeguard individual liberty.
Checks: The independence of the judiciary allows it to check the excesses of the legislature and the executive
Punishment: It enables the judiciary to punish any law breakers irrespective of his status in society
Protection of the constitution: The independence of the judiciary enable it to protect the constitution and uphold the rule of law
Election petition: Without the independence of the judiciary, it would have been; impossible for it to entertain election petition involving the ruling party.

HOW TO SECURE THE INDEPENDENCE OF THE JUDICIARY

Appointment: The appointment of the judges should not be influenced by political consideration but purely based on merits
Security of tenure: This implies that judges cannot be dismissed before the age of retirement unless for a case of misconduct
Remuneration the judicial officers should be free from the financial control of the executive by drawing their funds directly from the budget. They should also receive adequate and attractive remuneration
Immunity: Judicial officers should enjoy some measure of immunity so as to safeguard the independence of judiciary
Principle of separation of powers enhances the independence of the judiciary.

20 minutes read