The concept of acquiring in place a supreme legal buy usually called the constitution is of universal popularity and endorsement. Most international locations from the environment have their constitutions, https://doodlet.me/2016/09/red-licorice-and-the-u-s-constitution/. It really is also a well-liked idea that constitutions can be a human body of guidelines and regulation which instructions a far more distinctive respect than everyday regulations. There are actually unique kinds of constitution even so the type adopted by a rustic is determined by her structural composition and also the process of presidency practiced by that region. Nigeria, as an example, adopts a federal constitution since of her pluralistic structure.
The focus of the write-up will be to analyze how constitutions are made. However, you can find preliminary problems to generally be initially dealt with so that you can attain the first objective.
Precisely what is constitution?
Wade & Philips in their book “constitutional law” defined structure as ‘a document owning a unique legal sanctity which sets out the frame work and also the principal functions in the organs of government of a state and declares the principles governing the operation of those organs”.
Though the above definition rendered by the two acknowledged authorities on constitutional matters captures the essence of a constitution, it suffers a pitfall by defining a constitution merely as a document. There are constitutions that are found in more than a single document. And in fact, some countries’ constitutions are unwritten. The Great Britain and New Zealand are classic examples of nations around the world with unwritten constitutions.
In a nutshell, a structure is a entire body of set rules which defines federal government powers, functions and citizens’ rights and duties in a definite political space. It may be codified in a single document like the United States of America’s structure or produced up of conventions which are contained in diverse documents as used in Britain. Habeas Corpus and certiorari in the U.K are examples of conventions with constitutional appeals.
Types of Constitution
You will discover basically 3 varieties of constitution and these are:
A unitary structure is the one that vests supreme legislative power in one authority in a given state. This form is usually adopted in a polity where the people are homogeneous. One authority is recognized and every citizen is subject to it.
It is actually a structure that vests the regional components with overwhelming legislative powers and makes the central authority weak. This constitutional arrangement makes secession on the part with the component units a viable option. This model is quite unpopular worldwide.
In this case, the framework on the region is divided into two: regional authorities and central govt. Regional govt represents the various states that have come together to form a united nation and the central federal government is the national headquarters of government.
So a federal structure is one that recognizes the division of a country into two. That is, the regional governments and also the central governing administration but each is made independent and autonomous to the other. Legislative powers are also divided into two and for the purpose of sustaining the union, the central government is accorded additional powers, while less powers are given to the various states. This structure is best suitable for nations around the world with cultural diversity.
The Making Of A Structure
Constitution, unlike other laws, is not to become enacted by the law-makers. The law-makers can amend a structure. They cannot make it. The most widely acceptable mode of making a structure is by the people who are to become governed by the same structure. A Respected Nigerian professor of constitutional law, Ben Nwabueze, says this “A constitution is an act in the people if it is actually made by them either directly in a referendum… or through… a constituent assembly… ”
A constituent assembly is a body of elected representatives with the people given mandate to make a constitution and nothing more. It is actually the duty of this physique to fashion out a constitution which would reflect the wishes in the people. The assembly has a duty to revert to the people for approval of their assignment in a referendum. A structure enacted in this fashion is said to become autochthonous, meaning one which derives its force from the people- its subjects.
The sole reason this method of constitutional making is the most acceptable is simply for the reason that it promotes the expression on the common will. The people can identify with the constitution due to the fact it is a true reflection of their wishes and aspirations. Constitutions that have endured the whole world over are products of the procedure.
Conscious with the regard this method of constitutional making commands globally, the drafters of the 1999 Constitution from the Federal Republic of Nigeria inserted the following preamble:
“WE THE PEOPLE of the Federal Republic of Nigeria:
Getting firmly and solemnly resolved:
AND TO PROVIDE for a constitution for the purpose of promoting the good govt and welfare of all persons in our country on the principles of Freedom, Equality and Justice, and for the purpose of consolidating the Unity of our people:
DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Structure:”
No doubt, the preamble well captures how a people’s structure is created. It’s, nonetheless, unfortunate that the Nigerian Structure is essentially a collection in the wishes in the junta in power as at the time the present constitution was created.