BASIC PRINCIPLES OF GOVERNMENT (WEEK 1)

BASIC PRINCIPLES OF GOVERNMENT.

The term “principles” are accepted rules or beliefs that are necessary for the proper understanding of a subject in the case of government, these principles includes.

1. The rule of Law
2. Fundament human rights
3. Constitutionalism
4. Political participation
5. Representative government
6. Centralization
7. Decentralization
8. Delegated legislation

THE RULE OF LAW

The principles of the rule of law was proposed by professor A.V Dicey in 1885. He maintained that the leaders or administrators of a country should exercise their authority in accordance with the already established laws of the land and such laws should be regarded as supreme. This means that the law should be superior and supreme to both the government and governed.

Rule of law can also be described as the absolute supremacy of law ever everybody, both the rulers and the ruled and all decision taken in a country.

There are 3 fundamental principles of the rule of law. They are as follows.

1. The principle of Equality before the law:-

This means that every citizen whether government or governed should be treated equally before the law, there should be no room for preferential treatment.

2. the principles of supremacy of the laws:-

This means that the law being supreme is also superior such that no one is above the law. Even the legislature that makes the law cannot tamper with it.

3. principles of personal liberty:-

This means that no citizen should be deprived of his fundamental human rights except in the interest of the nation. These fundamental human right includes a right to life, a right to join association, freedom of speech and religion etc.

Factors That Ensure Operation Of The Rule Of Law.

The following factors or instruments must exist in a country in order to ensure the existence of the rule of law.

1.   Habbeas Corpus:- This is a write or order from a high court judge requesting the presentation of a detainee in court on a stated date.
2. A writ of mandamus: This is an order issued to compel an authority on a person to do his/her lawful duty.
3. a writ of prohibition: this order restrains an inferior court from doing a job that does not fall within it area of  jurisdiction
4. A writ of certiorari:- this order given by a superior court, makes void, the rulings of an inferior court.
5. independence of the judiciary. This will ensure that the fundamental human rights of the citizens are protected.
6. Legal aids: government should give legal backings to those who cannot pay for the services of lawyers.
7.  There should be mass education to enable people know their rights and when those rights are infringed upon.
8. No secret trial should be allowed, suspects should be well represented by lawyers of their choice.

LIMITATION TO THE RULE OF LAW.

1. Diplomatic Immunity:- Ambassadors cannot be sued and prosecuted in their host countries, rather they can be repatriated i.e send back to their own country.
2. Parliamentary Immunity:- Members of the parliament cannot be sued or prosecuted based on the statements they made on the floor of the house no matter how falsely they may be, which means that they are not equal before the law with other citizens
3. Immunity of Judges:- Since Judges cannot be prosecuted for anything they do while in office, some of the judicial pronouncements may be based on personal interest rather than on the already established laws of the land.
4. Poverty, illiteracy and Ignorance:- These do not allow citizens of a country to know and fight for their rights especially when they are infringed upon.
5. State o Emergency: Citizens may be denied some of their fundamental human rights when a state of emergency is declared in a country which may lead to indiscriminate arrest and detention without trial e.t.c.

2. THE FUNDAMENTAL HUMAN RIGHTS

Fundamental human rights are those rights which are basic and essential for human existence. These laws are absolute for there are restraints attached to every rights of individual.

In 1948, the United Nations Organisation adopted the universal declaration of human rights to protect human right abuses and violation worldwide. These human rights include:

1. Right to Life: Everybody has a right to life suicide and homicide are not permitted but one can lose his life through a court sentence
2. Right to Dignity of Human Person: Every person is entitled to respect for his dignity. No person should be a slave, subjected to torture or perform compulsory labour except in the course of Justice or national assignments.
3. Right to Personal Liberty: Unlawful detention is not permitted in any civilized society except for the convicts, the in same or those suffering from infectious diseases.
4. Right to Private and Family Life: the privacy of citizen, their homes, correspondence of telephone conversations, e-mails etc. must not be tampered with.
5. Right to freedom of thought, conscience and religion: Every person is free to think as he wishes and to worship where and whom he pleases.
6. Right to freedom of expression and the press: every person is entitled to his own opinion and to receive information and ideas without interference.
7. Right to Peaceful Assembly and Association: everybody id free to associate freely with any group of his choice be it club political party, society etc. as long as the association is peaceful.
8. Right to Freedom of movement: Every citizen of Nigeria is free to travel or reside in any place of his choice. He is free to legally move out into the Nigeria borders except in lawful execution of Judgment passed a law court. 

Mechanism of Safeguarding Fundamental Right of Citizens

1. The Judiciary should be free and independent in order to give fair hearing and ruling in all cases involving human rights violations
2. The international community should exert pressure and where necessary sanctions on countries that abuse the fundament human rights of their citizens.
3. The masses should be educated on their rights so that they can appeal when such rights are violated.
4. The press should be free to use the mass media to criticize any case of human right violation.
5. There should be checks and balances in government to prevent one arm from becoming two powerful and authoritarian.
6. The human right should be documented in the constitution so that it will not be easily manipulated

EVALUATION

Answer the following question

1. What is rule of law?
2. Who proposed the rule of law and when was it?
3. Explain the 3 principles of the rule of law.
4. List four (4) fundamental Human Rights.
5. Give 4 Limitation to the F.H.R