What is Constitution?
- The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it
- A written instrument embodying the rules of a political or social organization.
Merits of 1999 Constitution
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The major advantages and arguments in favors of the 1999 Constitution include the following:
Merits
- The heads of the executive at all levels are popularly elected – local government chairmen, state governors and the president.
- The constitution effectively puts in place separation of powers and checks and balances. no one can be a member of two arms of government at the same time.
- It puts in place judicial review allowing Supreme Court to check or review any excess of the other arms of government.
- The constitution specifically spells out the fundamental human rights of the citizens, qualifications and limitations to those provisions.
- It clearly stipulates the term of office for the elected officials.
- The president is responsible/accountable to the electorates.
- It empowers the citizens to remove unpopular public officials, especially the legislators through recall.
- Working on full time basis by the ministers and legislators facilitates more efficiency.
- It validates and promotes popular/political sovereignty residing in the people.
- The principle of individual responsibility makes the ministers and other members of the executive to be directly accountable for their actions and strive for acceptable performance.
Demerits of the 1999 Constitution
The disadvantages or arguments against the 1999 Constitution are legion and include the following:
- It allocates a lot of powers to the president.
- The nature of the constitution facilitates a very expensive administration.
- It fails to delineate the functions and powers of the local government. This brings instances in which the federal and state governments usurp the powers and impose functions on local government arbitrarily.
- The constitution is not clear on the power of state government in the creation or dissolution of local government. This continues to create conflict between the state and federal governments.
- The exclusive list is too large, therefore the federal government becomes too powerful, while the state governments are left with too little power. This is very unusual in a federal state. This condition makes the states and the local government to be too dependent on the center.
- Like many other rigid and federal constitutions, decision-making process is not fast as a lot of protocols are often required.
- The federal character principle contained in the constitution may not encourage meritocracy.
- The immunity enjoyed by the president and the governors is usually abused.
- The centralization of the police hampers effective policing.
Certainly, there is no perfect constitution anywhere in the world, the goodness of a constitution often lies with the rationality of the institutions of the state.
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Also, imperfections are removed through amendments over a period of time. Therefore, many of the shortcomings in the constitution will be addressed through amendment as the situations demand.
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