Elements of Government: PAD 305

Module 1: Meaning, Nature, and Scope of

Government
Meaning, Nature, and Scope of Government
Government Defined: The machinery through which authority is exercised, policies are
controlled, and actions are directed within a political unit. It serves as the agent of the State.
Key Functions of Government:
Maintaining law and order.
Protecting life and property.
Defending the nation from external threats.
Administering justice.

Functions in Nigeria (Fundamental Objectives and Directive Principles of State Policy):

Ensuring security and welfare of the people.
Promoting national integration.
Achieving economic prosperity.

Distinction Between State and Government:

State: A permanent and abstract geographical entity characterized by population, territory,
government, and sovereignty.
Government: The temporary and concrete administrative machinery that exercises the
State's power. Citizens belong to the State, not necessarily to a specific government.

Module 2: Types of Political Systems

Organs of Government
Executive:
Role: Implements laws and policies.
Composition: Head of State/Government, ministers, civil servants, police, armed forces.
Forms: Presidential (e.g., USA, Nigeria) or Parliamentary (e.g., UK).

Legislature:
Role: Makes laws.
Composition: Elected representatives (e.g., National Assembly in Nigeria).
Functions: Law-making, oversight, budget approval, approving appointments.
Structures: Unicameral (one house) or Bicameral (two houses, e.g., Senate and House of
Representatives).

Judiciary:
Role: Interprets laws and administers justice.
Composition: Various courts (Supreme Court, Court of Appeal, High Courts, etc.).
Functions: Adjudication, constitutional interpretation, judicial review.
 Judicial Independence: Crucial for impartiality, requiring job security, proper appointment
processes, and adequate remuneration.

Inter-relationship: Organs are designed to check and balance each other, even with a
separation of powers. Examples include presidential assent to laws, judicial review of
legislation, and legislative approval of executive appointments.

Classifications of Government
Historical Classifications: Based on who rules (one, few, many) and the purpose of rule
(welfare vs. self-interest), as explored by thinkers like Aristotle, Hobbes, and Locke.
Modern Classification Factors:
Modernity: Level of economic and technological development.
Location of Authority: Federal vs. Unitary systems.
Degree of State Control: From anarchism to totalitarianism.

Challenges in Classification: Identifying government forms can be complex due to similar

claims of features by different systems.

Forms/Types of Government
Monarchy:
Rule by a King or Queen.
Absolute Monarchy: Unlimited power, hereditary succession.
Constitutional/Elective Monarchy: Monarch reigns but does not rule; power rests with
elected officials (e.g., UK, Nigeria's First Republic).

Aristocracy: Rule by a select group based on merit, wealth, nobility, or other distinctions. Can
degenerate into oligarchy.
Theocracy: Rule by religious leaders, with divine guidance as the source of authority (e.g.,
Vatican City, Iran).
Oligarchy:
Rule by a small group distinguished by wealth, family ties, or power.
Gerontocracy: Rule by the elderly.
Plutocracy: Rule by the wealthy.
"Iron Law of Oligarchy": Suggests that all organizations tend towards oligarchy.

Dictatorship: Rule by a single powerful individual or a small group, often through force,
characterized by a lack of accountability and suppression of freedoms.
Democracy: Rule by the people, where political sovereignty rests with the citizens.
Characterized by the rule of law and popular participation.

Democracy
Definition: "Rule by the people" (from Greek "demos" - people, "kratia" - rule). Lincoln:
"government of the people, by the people, and for the people."
Core Principle: Political sovereignty resides with the citizens, with fundamental rights
constitutionally protected.
Key Elements:
Periodic, free, and fair elections.
Independent judiciary.
 Free press.
Open political competition.

Merits:
Mass participation and popular sovereignty.
Peaceful transfer of power.
Citizen sense of belonging.
Educational for citizens.
Respect for human rights and rule of law.

Demerits:
Can breed mediocrity in leadership.
High cost of governance.
Slow decision-making and policy implementation.
Frequent leadership changes can lead to policy discontinuity.

Monarchy
Definition: Government headed by a King, Queen, or Emperor; sovereignty is personified in an
individual.
Types:
Absolute Monarchy: Unrestricted ruler power (e.g., Saudi Arabia).
Constitutional Monarchy: Ruler's power limited by a constitution (e.g., United Kingdom).

Characteristics: Hereditary succession is common; ruler may have constitutional limitations.

Merits:
Political stability.
Promotes loyalty to the state.
Faster decision-making.

Demerits:
Ruler's qualities (ability, character) are not hereditary.
Potential for despotism.

Aristocracy
Definition: Rule by a select few distinguished by virtue, intellect, birth, wealth, or age.
Justification: The wisest should govern.
Characteristics: Power exercised by a few; emphasis on merit.
Merits:
Promotes stability and moderation.
Values merit and quality.

Demerits:
Can degenerate into oligarchy or dictatorship.
Anti-democratic.
Ruling class may disdain lower classes.
Theocracy
Definition: Government by divine guidance or by officials considered divinely guided ("rule of
God").
Characteristics: Laws are divinely inspired; leaders are often clergy; legal system based on
religious laws.
Key Feature: Religiously revealed laws are unchallengeable.

Totalitarianism/Dictatorship
Definition: Extreme authoritarianism with total state control over government and social life,
an official ideology, terroristic police control, and central economic direction.
Characteristics: Official ideology, terroristic police, centralized economy, subordination of
individuals to the state.
Merits (Historical): Can achieve rapid economic or military development.
Demerits: Suppression of human rights; no distinction between state and society; lack of
feedback.

Presidential System
Definition: A non-parliamentary system where the Head of State is also the Head of
Government, with executive power combined with ceremonial duties.
Election: President elected independently of the legislature, accountable to the electorate.
Characteristics:
Combination of Head of State and Head of Government roles.
Presidential discretion in appointments.
Separation of Powers and Checks and Balances.
Fixed tenure of office.
Veto power.
Primacy of the Constitution.

Merits:
Quick and decisive decision-making.
Presidential discretion in appointments can bring in the best talent.
Singular responsibility for the President.
Separation of powers enhances performance and prevents dictatorship.
Fixed tenure ensures stability and policy continuity.
Individual ministerial responsibility.

Demerits:
Prone to dictatorship due to concentrated power.
Potential for friction and gridlock between executive and legislature.
Lack of flexibility due to rigid tenure.
Very expensive.
Weak party discipline can affect cohesion.

Parliamentary System
Definition: A system where the Head of Government (Prime Minister) is distinct from the
Head of State (ceremonial). Executive functions are performed by the Head of Government.
 Structure: Prime Minister is typically the leader of the majority party in the legislature;
ministers are members of the legislature.
"Responsible Government": The executive is trustworthy, responsive to public opinion, and
accountable to Parliament.
Key Doctrines:
Collective Responsibility: All ministers share responsibility for government policies; must
publicly support decisions or resign.
Ministerial Responsibility: Ministers are legally responsible for governmental actions under
their purview.

Characteristics:
Dual Executive (Head of State and Head of Government).
Fusion of Powers (executive and legislature are intertwined).
Tenure is not guaranteed; government can fall via a vote of no confidence.
Power of attainment (legislator can become Prime Minister).
Recognized Official Opposition.
Parliamentary supremacy.
Strong party discipline.

Merits:
Curbs autocracy and dictatorship.
Promotes dedication and efficiency through scrutiny.
Ensures careful conduct through collective and ministerial responsibility.
Democratic responsiveness to public opinion.
Official opposition acts as a watchdog.
Fusion of powers can lead to faster decision-making.
Less expensive as ministers are chosen from parliament.
Ceremonial Head of State provides continuity.

Demerits:
Best people may not be in government if not elected legislators.
Potential for bottlenecks due to fusion of powers.
Danger of personality clashes between Heads of State and Government.
Prime Minister may not have countrywide popular appeal.

Unitary System of Government

Definition: A system where the central government holds supreme authority, and any regional
or local governments derive their powers from the center.
Characteristics:
Centralized Power: All significant governmental power resides with the national
government.
Uniformity: Laws and administration are consistent throughout the state.
No Overlapping Jurisdiction.
Undivided Allegiance: Citizens owe allegiance solely to the state.
Vigorous Policies: Enables decisive policy execution.

Advantages:
Absence of friction between central and regional governments.
Promotes even development.
Clear and decisive policy-making.
 Simplicity in structure.

Disadvantages:
Totalitarian tendencies due to power concentration.
Limited citizen participation.
Lack of local initiative.
Vulnerability to collapse if the central authority fails.

Suitability: Best for smaller states with less population diversity.

Federal System of Government

Definition: A system where governmental powers are divided between a central (federal)
government and self-governing regional (state/provincial) units, with the division guaranteed
by a constitution.
Characteristics:
Division of Powers: Constitutional allocation of powers.
Coordinate and Equal Levels: Neither level is subordinate to the other.
Written Constitution: Demarcates functions and guarantees autonomy.
Dual Allegiance: Citizens may owe allegiance to both central and regional governments.

Factors Enhancing Choice: Historical association, geographical contiguity, ethnic/cultural

diversity, economic/administrative advantages, fear of domination, competent political
leadership.
Merits:
Unity in diversity: Accommodates plural societies.
Suitable for large states.
Economic benefits through larger markets and resource sharing.
Prevents despotism through division of powers.
Wider political participation.
Efficient administration through dispersal of powers.
Addresses local needs effectively.
International prestige for larger federations.

Demerits:
High cost due to duplication of administrative structures.
Potential for conflict among diverse groups.
Slow decision-making due to balancing interests.
Uneven development due to resource differences.
Jurisdictional conflicts between central and regional governments.
Risk of secession due to autonomy provisions.

The Legislature
Definition: The primary organ of government responsible for making laws.
Functions:
Law-Making.
Representation of constituents.
Deliberation and debate.
Budget Approval ("power of the purse").
 Confirmation of Nominations.
Oversight of government activities.
Selection of political heads (in some systems).
Censure/Impeachment.
Ratification of Treaties.
Approval of War Declarations.
Constitutional Amendments.

Structures:
Unicameral:
Single legislative chamber.
Advantages: Less expensive, faster bill passage, avoids inter-chamber conflict.
Disadvantages: Risk of hasty laws, lacks diverse input, unsuitable for large/
heterogeneous states.

Bicameral:
Two legislative chambers (e.g., Senate and House of Representatives).
Advantages: Wider representation, checks hasty legislation, guards against tyranny,
acts as a stabilizer.
Disadvantages: Expensive, duplication of effort, potential for conflict between
chambers.

Significance: Symbol of democracy, source of sovereignty, checks executive power.

The Executive
Definition: The organ of government responsible for implementing and executing policies and
laws.
Functions:
Policy Leadership: Formulating and deciding state policy direction.
Legislative Functions: Inaugurating parliament, assenting to bills.
Judicial Functions: Appointing judges, exercising prerogative of mercy.
Miscellaneous/Emergency Functions: Awarding honors, exercising emergency powers.

Structure:
Political Office Holders (e.g., Cabinet Ministers).
Career Civil/Public Servants (Bureaucracy).

Importance: Often the most powerful organ due to control over state funds and coercive
forces.

Module 3: Organs of Government and Their

Functions
The Judiciary: Its Role and Independence
Introduction: The judiciary is vital for ensuring laws are observed, adjudicating disputes,
upholding citizens' rights (in democracies), and maintaining constitutionalism.
 Institution of the Judiciary:
Establishes a court system for justice.
Upholds citizens' rights and constitutional observance.
Essential for constitutionalism, due process, rule of law, transparency, accountability, and
human rights.
Crucial for protecting the democratic process.

Functions of the Judiciary:

Interpretation of Laws and Settlement of Disputes: Adjudicates civil and criminal cases.
Interpretation of the Constitution: Pronounces on constitutional meaning, especially in
cases of conflict or ambiguity.
Power of Judicial Review: Reviews legislative and executive actions to ensure
constitutionality. Unconstitutional laws are invalid. Resolves conflicts between different
levels of government in federal systems.

Meaning of Independence of the Judiciary:

Judges are bound by law and must be free from governmental, political, or other
pressures.
Decisions must be based on law, not the whims of those in power.
Essential for guaranteeing liberty and justice.

Ingredients of Judicial Independence:

Mode of Appointments: Insulated from political/partisan considerations.
Qualifications for Appointments: Must meet constitutional/statutory requirements.
Security of Tenure: Judges retain positions until retirement, barring incompetence or
misconduct.
Adequate and Unalterable Salaries: Remuneration should be constitutionally secured.
Immunity from Prosecution: For conduct in the course of duty.

Limitations to Judicial Independence:

Undue delays, lack of infrastructure, disobedience of court orders, political pressures,
corruption, poor working conditions, low emoluments.
Burden of politically sensitive cases.
Potential for political manipulation of judicial appointments and service commissions.
Tradition plays a significant role in judicial independence.
Vague grounds for removal can be abused.
Hierarchical structures can lead judges to seek political favor.

The Theory of Separation of Powers

Origin and Concept: Famously formulated by Montesquieu, it posits that legislative, executive,
and judicial powers should be vested in separate agencies to prevent tyranny and protect
liberty.
Core Idea: No liberty if these powers are united in one person or body. The same body or
person should not control more than one arm of government.
Objectives/Advantages:
Prevention of Tyranny: Reduces abuse of power by preventing concentration.
Specialization and Efficiency: Leads to expertise and better performance in each branch.
Preservation of Liberty: Protects citizens' rights and freedoms.
Safeguards Independence of Each Organ.
 Disadvantages:
Difficulty in Cooperation: Rigid separation can lead to governmental gridlock.
Idealistic and Unrealistic: Complete separation is impossible; mutual cooperation is
necessary.
Prevents Quick Decisions.

Applications:
United States: Clear division with checks and balances for flexibility.
Britain: Fusion of Powers, where executive members are also legislators.

The Concept of Checks and Balances

Meaning and Objectives: A mechanism complementing separation of powers, where
government organs oversee and control each other to ensure proper functioning and prevent
gridlock.
Process and Application: Each branch influences the others (e.g., Presidential veto, Senate
confirmation, Judicial review). The US system exemplifies this with its "separated institutions
sharing power."
Relevance:
Accountability: Organs are accountable to each other and the people.
Rule of Law: Encourages government by law, not men.
Passage of Bills: Encourages better quality legislation through rigorous processes.
Good Governance: Promotes accountability, social justice, development, security, and
order.

The Concept of the Rule of Law

Concept of Rule of Law:
Supremacy of Law: Decisions are made by applying known legal principles without
arbitrary discretion. It is a safeguard against arbitrary governance.
Classical Definition (A.V. Dicey): Absolute supremacy of regular law over arbitrary power;
no punishment without a proven breach of law; equality of all classes before the law.
Modern Expansion: Includes supremacy of the constitution, independence of the judiciary,
right to personal liberty, and observance of democratic practices.
Core Principle: Government is instituted and limited by law, dedicated to preserving
individual liberties; all are equal before the law.

Rule of Law and Democracy:

Rule of law is better realized under democracy.
They are intimately bound: "No democracy without rule of law and vice versa."
Democracy requires a rule of law framework for citizen interaction.

Limitations of Rule of Law:

Expediency over Justice: Rights can be suspended for perceived national security.
Instrument of State Policy: In totalitarian states, law serves the interests of the strong.
Disparities in Justice: Unequal resources can lead to unequal outcomes.
Limitations on Fundamental Rights: Rights can be abridged under certain conditions.
Rule of Law under Military Administration in Nigeria:
Military regimes inherently contradict rule of law (dictatorship).
Examples include the use of Decrees that allowed detention without trial or retroactive
application of laws.

Rule of Law under a Democratic Government:

First Republic: Tested by political crises, state of emergency, and disputes over
jurisdiction.
Shagari Administration: Supreme Court annulled laws and ruled against government
actions (e.g., deportation of Shugaba).
Obasanjo Administration: Criticized for constitutional abuses, disobedience of court
judgments, and questionable executive actions.
Yar'Adua Administration: Prioritized the rule of law, partly in reaction to the previous
tenure.