Premium Essay

Constitutional Supremacy

In:

Submitted By kunleoke
Words 251
Pages 2
Constitutional Supremacy
Constitution is the fundamental principles, rules and laws according to which a state is constituted and governed.
The supremacy of the constitution means that the constitution remains the source of power and it is therefore superior to any individual, agent or groups within the state .No authority, even the court which interprets the constitution has the right to ignore the provisions of the constitution.
Section 1(1) of the Nigerian 1999 Constitution declares that ’’This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the federal republic of Nigeria’’.
It is the court that has the power to interpret the law when it comes to constitutional matters either between individuals and government or between governments. The court has the power to invalidate any acts of the executive or legislature found to be inconsistent with the provision of the constitution of the land. A good example in Nigeria, was the Revenue Allocation Bill passed by the National Assembly and assented to by the president in 1982.It was later declared null and void by the supreme court. Such a Bill had the potentiality of generating a serious conflict between the federal government and the constituent states that might not be satisfied by it provisions.

References
1. Omolayo S., &Arowolaju,B.(1987).Elements of Government(pp52-69).Lagos, Nigeria :Friends Foundation Publisher Ltd.
2.1999 Constitution of Federal Republic of Nigeria (Vol.86).(1999).Lagos, Nigeria: Federal Republic of Nigeria Official

Similar Documents

Premium Essay

Constitution

...Document is authoritative, highest law of the land. Binds all political institutions – leads to 2 tier legal system ▪ Provisions of it are entrenched, difficult to amend or abolish ▪ It is judiciable, all political bodies are subject to authority of the courts, in particular a supreme court. o Uncodified – increasingly rare, UK one of few ▪ Not authoritative, constitutional laws treated same as ordinary laws ▪ Not entrenched, constitution can be changed through the normal process for enacting statute law. ▪ Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. o However: ▪ No constitution is entirely written, written documents do not encompass all aspects of constitutional practice ▪ No constitution is entirely unwritten, no constitution consisting only of rules of conduct or behaviour. • Unitary and federal o Unitary – establish constitutional supremacy of central government over provincial and local bodies. Reflected in UK via Parliament o Federal – divide sovereignty between 2 levels of government, both central and regional posses a range of powers that the other...

Words: 2123 - Pages: 9

Premium Essay

The Invisible Empire Of The South: The Ku Klux Klan

...their workforce was slaves, they lost their workforce. Factories stopped producing at the rate prior to the war and plantation owners had to figure out whom to hire to work the fields. Feeding off of the feelings in the South, the Klan committed terrorism without punishment. The Klan used newspapers as a tool for publishing death threats next to the local advertisements, which demonstrated how “normal” it was considered in daily life. Also, by having their deeds printed in the newspapers, their deeds were considered ‘heroic’ for they had been doing the work the federal government was not doing. In the Klansman Manuel, the organization stated that they were committed to keeping America “pure” and were doing “God’s work” by invocating constitutional law, which justified their murderous actions. In the name of preserving order in a white dominated society, the Klansmen punished newly freed blacks for a variety of reasons, including behaving in an impudent way towards women . The KKK believed women to be sacred and have their liberties protected by the Knights of the Ku Klux Klan . Therefore they became scapegoats for the Klan’s actions since the common thought of the Klan was that the freed blacks would rape their white women, which would violate their chastity. Furthermore, by protecting white women and securing a white-dominated population, southerners agreed to their actions as moral. The southerner’s had found a way to rid themselves of the freed blacks, and return to their...

Words: 1104 - Pages: 5

Free Essay

Constitutional Reform

...the arch of the British Constitution’. It is, indeed, an extremely significant part of our culture and history, as well as being central to our system of Government. It will therefore be necessary to begin any discussion of the constitutional issues involved in its abolition by outlining the current functions of the head of state in Britain. As ‘a state without a monarch is a republic’, it will then be necessary to consider the constitutional issues which would be implicit in giving effect to such a republic. These issues will include decisions as to the type of president we would have, how they would be selected, and the scope and extent of powers they would possess. This discussion is not intended to be one of the relative merits of a monarchy versus a republic: indeed, the decision to abolish the monarchy has already been made. Rather, it is an attempt to answer the question of how this central feature of our constitution could be replaced. In answering this question, I will look to a possible alternative, namely an elected president, and determine whether, and on what basis they could take over the functions of the monarch. Other constitutional issues regarding the selection of such a President must then be considered, along with other constitutional issues arising in this context. As a preliminary issue, it should be noted that in this hypothetical situation, it is Prince Charles, or rather King Charles III, who is on the throne. The Queen’s reign has ended and the...

Words: 3236 - Pages: 13

Premium Essay

Constitutional Law

...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...

Words: 10282 - Pages: 42

Free Essay

Jefferson

...First Inaugural Address Thomas Jefferson March 4, 1801 Friends and Fellow-Citizens, Called upon to undertake the duties of the first executive office of our country, I avail myself of the presence of that portion of my fellow-citizens which is here assembled to express my grateful thanks for the favor with which they have been pleased to look toward me, to declare a sincere consciousness that the task is above my talents, and that I approach it with those anxious and awful presentiments which the greatness of the charge and the weakness of my powers so justly inspire. A rising nation, spread over a wide and fruitful land, traversing all the seas with the rich productions of their industry, engaged in commerce with nations who feel power and forget right, advancing rapidly to destinies beyond the reach of mortal eye—when I contemplate these transcendent objects, and see the honor, the happiness, and the hopes of this beloved country committed to the issue and the auspices of this day, I shrink from the contemplation, and humble myself before the magnitude of the undertaking. Utterly, indeed, should I despair did not the presence of many whom I here see remind me that in the other high authorities provided by our Constitution I shall find resources of wisdom, of virtue, and of zeal on which to rely under all difficulties. To you, then, gentlemen, who are charged with the sovereign functions of legislation, and to those associated with you, I look with encouragement for that...

Words: 1739 - Pages: 7

Premium Essay

Accounting

...Accounting The Codification — Do You Have All the New Topics, Subtopics, Sections, Subsections, and Paragraphs Memorized?In July 2009, the Codification became the single source of authoritative nongovernmental U.S. GAAP. The Codification’s hierarchy is topic, subtopic, section, and paragraph, in that order, each with a numerical designation (e.g., ASC 810-10-25-37, which was formerly paragraph 6 of Interpretation 46(R)). ASU 2009-17 incorporated Statement 167’s amendments to the VIE model into the Codification. The beginning of each section of this Roadmap contains quotes from the appropriate Codification paragraphs. In addition, for those of you still trying to find your way through the Codification, we thought it would be helpful for each Codification paragraph to be followed by a reference to the corresponding pre-Codification paragraph from Interpretation 46(R), as amended by Statement 167. Although ASC 810-10-55-37 (paragraph B22 of Interpretation 46(R)1) might not roll off your tongue like “B22 of FIN 46(R)” used to, the Codification is here to stay. However, we suspect that just as there are probably a few accountants who are clinging to their last version of the FASB’s Original Pronouncements (we know you are out there!), there are some that might need a little help finding the new VIE guidance in the Codification. Accordingly, Appendix D of this Roadmap includes a guide that cross-references the paragraphs from ASC 810-10 to the guidance in Interpretation 46(R), as...

Words: 295 - Pages: 2

Free Essay

Absolute Monarchy Paragraphs

...Absolute Monarchy Paragraphs What would it be like to be the queen and rule an absolute monarchy? I feel it would be the best to be the queen and have all the say. An absolute monarchy would be best as no elections have to take place. Being the leader of an absolute monarchy means you have no one to answer to. Lastly, an absolute monarchy would be best because the leader can charge as much tax as you want because you are in charge. Being the leader of an absolute monarchy means I don't have to call for an election because there is no such thing. Elections take a long time to arrange and process the votes but when I am in charge we would never need an election. Many monarchies have been abolished to this day. I would have all the say in any decision made to deal with a country and it's citizens. If someone wanted to lower the taxes I would have the only decision made and I would not consult anyone else about the matter. I wouldn't need to take opinions from others as I make the decisions without getting others opinions and views on the situation. As the ruler of the absolute monarchy I would have the most wealth. I could make the taxes as high as I wanted to because it is my decision. I would be able to charge the citizens whatever amount I want because I am on top and have all the wealth. In conclusion, being the leader of an absolute monarchy means you have all the power. Having no elections, being the wealthiest and making all the decisions without anyone's impute...

Words: 342 - Pages: 2

Free Essay

Memo

...Memorandum To: Professor Robert Woods From: Danielle Anderson, Student Date: [ 2/23/2012 ] ------------------------------------------------- Re: Business Ethics in GM410 Professional Communication Class at Keller Graduate School of Management Confidential I was impressed by learning about business ethics and how it impacts the world. If companies don't have good business ethics, it can damage its reputation. In class, you demonstrated a video about business ethics and how people showed unethical behavior while working. I have two articles that support how businesses exercise unethical practices. The articles Clegg orders into racism by banks; Black businesses denied loans or pay high rates and Ethics in Nigerian banking are similar in terms of violating banking regulations, but they differ in form of governments. What I had learned from these two articles is that banks are not trustworthy with our needs and assets . In the United Kingdom, Nick Clegg ordered a federal investigation against British banks to see why minorities can't obtain loans. If minority applicants were approved for bank loans, they will receive a higher interest rate than Caucasian entrepreneurs. What happen to the Equal Credit Opportunity Act? In this case, The United Kingdom is a democracy and all people have equal rights. By using tax money, minorities and white people help the government bailout the Britain Banks. Therefore, all people should be treated equal. Another critique that I found...

Words: 536 - Pages: 3

Free Essay

1 Malaysia

...1 Malaysia, What is it? What is 1 Malaysia? 1 Malaysia is an ongoing program that the government has spent RM38 million on to promote this concept. 1 Malaysia is not a new concept nor is it a new formula, but it is the ultimate goal for national unity. 1 Malaysia has already been the main vision of every single prime minister even before our current prime minister, Najib Tun Razak. In other words it is a propaganda tool to unite the country. 1 Malaysia consists of 8 values which is Integrity, Education, Meritocracy, Loyalty, Acceptance, Humility, Perseverance, and Culture of Excellence. As of 16 September 2008, Our 6th prime minister Najib has taken a big step forward by making the vision of 1 Malaysia from and idealistic to a realistic. Since independent, national unity has been made top priority and unity in education, culture, socio-economy, political and regional. The 1 Malaysia concept according to Najib is “We stand, we think and we act as Malaysians. And we take actions based on the needs of all ethnic groups in our country.” The government is taking a lot of actions in regards of 1 Malaysia such as having a lot of 1 Malaysia campaigns such as “One Malaysian Ride for Education, Unity walk background, Cuti-Cuti Satu Malaysian” so on and so forth. Not only having campaigns but the government has also opened a shop named Kedai Raykat Malaysia. We have clinics for 1 Malaysia such as Clinic 1 Malaysia, and we also have 1 Malaysia privilege...

Words: 259 - Pages: 2

Premium Essay

Should the Uk Have a Codified Constitution?

...and functions of government. Constitutions can be uncodified, like the UK’s at the moment, or codified in the case of the USA’s for example. A codified constitution is authoritative, entrenched and judiciable, everything that an uncodified constitution isn’t. On the one hand there are many arguments supporting the view that the UK should adopt a codified constitution. If a codified constitution were introduced, the key constitutional rules would be collected together in a single document, and they would be more clearly defined than in an ‘unwritten’ constitution where rules are spread across many different documents. A codified constitution would create less confusion about the meaning of constitutional rules and greater certainty that they can be enforced. A second argument supporting a codified constitution is limited government. A codified constitution would cut government down to size. A codified constitution would effectively end the principle of parliamentary sovereignty and subsequently elective dictatorship. Elective dictatorship is a constitutional imbalance in which executive power is abused to allow governments to win elections. In the UK, it is reflected in the ability of a government to act in any way it pleases as long as it maintains control of the House of Commons. It would not be possible for government to interfere with the constitution due to the existence of higher law safeguarding the constitution. A codified constitution would also allow for neutral interpretation...

Words: 716 - Pages: 3

Free Essay

Miss

...these, Metternich propagated for a strong absolutist rule to fulfill the duties imposed and entrusted by God to look over justice and the rights of all citizens and, most importantly, to avoid the previous paths of error. He believed religious principles must be maintained and faith and morality should not be attacked which meant he was against all subversive activities that may endanger the monarchy and religion. In other words, Metternich was against free press which he believed was the cause of political unrest in the society Francis Guizot’s “Conditions of the July Monarchy” advocated for a conservative constitutional monarchy rule as a solution for a long lasting government. He believed the current charter was actually under the old traditional regime and needed to be changed by using the French revolution as a reminder that order and liberty under constitutional monarchy must be established. He supported equality of rights for all citizens in order to maintain civil and moral order as well...

Words: 511 - Pages: 3

Free Essay

Comparing Iran to the Uk

...How does efficiency vary in similar government structures? When one thinks of a government headed by a monarch the first country that comes to mind is almost immediately the United Kingdom. The British throne and the Royal family is one of the most infamous and influential families in the world. In Iran the supreme leader and their family is equally if not more influential and infamous in their own region. While a key difference in their sphere of power is the fact that in Iran their governing body is well spelt out in a written constitution and in the United Kingdom there is no such written constitution. At the same time however the two governments are very similar in the way that they balance their power and leadership through different people and branches of government. Both governments have elected and unelected officials who hold some sort of power. While the UK has been able to balance the power amongst the elected and unelected officials, Iran has struggled to maintain such a balance which has led to and caused the country to be more susceptible to political violence. The UK is simply classified as parliamentary democracy even know they have a monarchy with a figure head who does not really hold any power. Iran, on the other hand is a mix between the traditional ways of Iranian theocracy mixed with a presidential democracy. What is most interesting between these political structures is that although they are similar in the aspect of mixed governments with a balance of...

Words: 1626 - Pages: 7

Premium Essay

Polsci

...written in the constitution. The policies of the government should also be in accordance with the constitution so that any action will not be lead unto constitutional crisis - a constitutional crisis is an event where in a particular part of a constitution is or are not being followed in accordance with the policies or actions taken by the authorities. THE DIFFERENT TYPES OF CONSTITUTION * As to form: * Written Constitution * Unwritten Constitution * As to origin or history * Conventional or Enacted Constitution * Cumulative or Evolve Constitution * As to manner of amending the constitution * the Rigid or Inelastic Constitution * Flexible or Elastic Constitution All of the above mentioned constitutions have their different features and characteristics. The Written Constitution * is the constitution where the provisions are all contained in a single document. The Unwritten Constitution * is the constitution where the provisions are not contained in a single document. The provisions are written in different documents that are considered as part of the land’s fundamental law. This constitution can also be considered as an Un-compiled constitution. The Conventional or Enacted Constitution * is the constitution that was created through a constitutional convention * this convention is called to be able to...

Words: 426 - Pages: 2

Premium Essay

Politics Essay

...With reference to the source, outline two features of the UK constitution (5 marks) One feature would be that the UK constitution is uncodified which is a unwritten document where as in the majority of countries there is a codified constitution which is a single document an example of this would be the American constitution, drafted around 200 years ago, which is written down on a piece of paper and lays down the rights of American citizens and also the powers of her government. Another feature would be that the UK constitution derives from a number of sources one of them being statute law, law passed by government. The fact that our constitution is unwritten means that there is no system of formal checks and balances on the government but in reality there a number of powerful forces which means that a government is restricted in what they wish to do Assess the strengths of the UK constitution (25 marks) The UK constitution has many advantages too it but can also weigh our government down and doesn’t always benefit our society. One strength would be that the balance of power lies mostly in the executive branch. The Prime Minister can be very decisive and is able to make essential decisions this moves power to centralization, which is the movement of power to Westminster. An example of this would be when Thatcher refused to engage with growing cause for the devolution of powers to Scotland and Northern Ireland. This benefits...

Words: 1158 - Pages: 5

Premium Essay

Essay On Australian Government

...Australian Government The constitutional Monarchy was introduced by the Kingdom of England in the Glorious Revolution in the year 1688 which led to it being created in 1689. From then, many sovereigns ruled from hereditary from when they were born. Australia is an independent nation, but it shares a monarchy with the United Kingdom and many other countries, including Canada and New Zealand which is a part of Australia. The present Monarch of Australia and England to the present day is Queen Elizabeth the second who has ruled since she reigned to the throne since 6th of February 1952 and is the head of the Commonwealth Australia. The Queen appoints the Governor General with advice from the Australian Government. The ministry is appointed by the Governor General and has the power to dissolve the parliament after agreeing with the prime minister. As the Queen lives in Britain and has no power over the things she can’t see she delegates the Governor General who lives on Australian soil to have the power she has of help run the country. With the Governor Generals power, the senate and the House of Representatives, they will work together in the parliament house to run Australia’s Parliament. The Prime minister is the main person in charge of the country and is the one...

Words: 976 - Pages: 4