CONSTITUTIONAL LAW
QUESTION 1
Define constitution and discuss the basic features of 1999 constitution. What relationship between constitution and constitutionalism.
All over the world , various associations, people , states or countries have a supreme law, or body of rules which regulates such unit of people, the internal structure of the country, the powers and functions of government and the rights duties of the people. This supreme law, or rules, usually spell out the collective aspirations of the people, it’s desire to remain as one entity, the system of government, qualification to hold or vacate public offices, the right and duties of government, on the other hand the rights and duties of citizens on one hand, and so forth. This fundamental laws, or rules, whether written or unwritten, rigod or flexible, unitary, federal or confedral in character, in the constitution of such unit of people or country.
According to Ese Malemi, a constitution is an instrument of government made by the people, establishing the structure of the country regulating the powers and the functions of government, the right and duties of the individual and providing remedies for unconstitutional acts. Without the constitutions Whether written or unwritten to regulate government set out fundamental objectives, goals and directive principle of a country, the national life and indeed the personal lives of the people would be subject to lot of arbitrary actions from government. Government actions would be according to the whom and caprices of the rulers, public authorities and their agents.
Also, according to Wade and Bradley, a constitution could be defined as a document having a special legal sanctity which sets but the frame work and the principal functions of the organs of the government of state and declares the principles governing the operations to those organs. They also analyzed that a constitution could be written or unwritten, rigid or flexible and unitary or federal.
According to Akande in his introduction to the constitution of the federal republic of Nigeria, he acknowledge that there is only one constitution, for the whole country, signifying the unity of the country, but provision which relate especially to the states uniformly, this confirming equality of all mediums.
The constitution is a ground norm that is the fundamental law this only law which is inconsistent with the provision of the constitution is to the extent of that inconsistency null and void. All other legislation takes their hierarchy from the provisions of the constitution. By the provision of the constitution, the laws made by the national assembly are next, followed by these who made by the parliament are secondary to the constitutions even though parliament has the power to amend the constitution.
According to the definition of Sebastian Tar. Hon. He recognized that our constitution is an organic instrument which confers powers and also creates rights and limitations. It is the supreme law in which certain first principles of fundamental nature are established. Once the powers, rights and limitations under the constitutions are identified as having been created, their existence cannot be disputed in a court of law. But their extent and implications may be sought to be interpreted and explained by the court in cases properly brought before it. All agencies of government are organs of its initiative whose powers are derived either directly from the constitution or from laws enacted there under; they therefore stand in relationship to the constitution as it permits of their existence and functions.
In the case of Anka V Lokosa, the court of appeal described constitution as the ground norm of the country hence all enactments have to be made in compliance with it therefore that any law that is in conflicts with any provision of the constitution is null and void to the extent of inconsistency.
Essentially constitutional law is the law, which regulates constitutional institutions and authorations. It is the law of the constitution. Constitutional law regulates the operations, enforcements and interpretation of a constitution.
According to Lawrence Trobe “the constitution is an historically discontinues composition, It is the product over time of a series of not altogether coherent common promises. It mirrors no songle vision of philosophy but reflects instead a set of sometimes reinforcing and sometimes conflicting ideas and nations.
Define constitution and discuss the basic features of 1999 constitution. What relationship between constitution and constitutionalism.
All over the world , various associations, people , states or countries have a supreme law, or body of rules which regulates such unit of people, the internal structure of the country, the powers and functions of government and the rights duties of the people. This supreme law, or rules, usually spell out the collective aspirations of the people, it’s desire to remain as one entity, the system of government, qualification to hold or vacate public offices, the right and duties of government, on the other hand the rights and duties of citizens on one hand, and so forth. This fundamental laws, or rules, whether written or unwritten, rigod or flexible, unitary, federal or confedral in character, in the constitution of such unit of people or country.
According to Ese Malemi, a constitution is an instrument of government made by the people, establishing the structure of the country regulating the powers and the functions of government, the right and duties of the individual and providing remedies for unconstitutional acts. Without the constitutions Whether written or unwritten to regulate government set out fundamental objectives, goals and directive principle of a country, the national life and indeed the personal lives of the people would be subject to lot of arbitrary actions from government. Government actions would be according to the whom and caprices of the rulers, public authorities and their agents.
Also, according to Wade and Bradley, a constitution could be defined as a document having a special legal sanctity which sets but the frame work and the principal functions of the organs of the government of state and declares the principles governing the operations to those organs. They also analyzed that a constitution could be written or unwritten, rigid or flexible and unitary or federal.
According to Akande in his introduction to the constitution of the federal republic of Nigeria, he acknowledge that there is only one constitution, for the whole country, signifying the unity of the country, but provision which relate especially to the states uniformly, this confirming equality of all mediums.
The constitution is a ground norm that is the fundamental law this only law which is inconsistent with the provision of the constitution is to the extent of that inconsistency null and void. All other legislation takes their hierarchy from the provisions of the constitution. By the provision of the constitution, the laws made by the national assembly are next, followed by these who made by the parliament are secondary to the constitutions even though parliament has the power to amend the constitution.
According to the definition of Sebastian Tar. Hon. He recognized that our constitution is an organic instrument which confers powers and also creates rights and limitations. It is the supreme law in which certain first principles of fundamental nature are established. Once the powers, rights and limitations under the constitutions are identified as having been created, their existence cannot be disputed in a court of law. But their extent and implications may be sought to be interpreted and explained by the court in cases properly brought before it. All agencies of government are organs of its initiative whose powers are derived either directly from the constitution or from laws enacted there under; they therefore stand in relationship to the constitution as it permits of their existence and functions.
In the case of Anka V Lokosa, the court of appeal described constitution as the ground norm of the country hence all enactments have to be made in compliance with it therefore that any law that is in conflicts with any provision of the constitution is null and void to the extent of inconsistency.
Essentially constitutional law is the law, which regulates constitutional institutions and authorations. It is the law of the constitution. Constitutional law regulates the operations, enforcements and interpretation of a constitution.
According to Lawrence Trobe “the constitution is an historically discontinues composition, It is the product over time of a series of not altogether coherent common promises. It mirrors no songle vision of philosophy but reflects instead a set of sometimes reinforcing and sometimes conflicting ideas and nations.
0 Comments