constitutionalism
CHAPTER TWO
2.0 THE NOTION OF CONSTITUTIONALISM
2.1 PREAMBLE
Constitutionalism is the idea often associated with the political theories of John Locke. It emphasizes that, government can and should be legally limited in it power and authority. "In the minimal sense of the term, a constitution consist of a set of norms (rules, principles or value) creating, structuring and possibly defining the limit of government power or authority".1 It is therefore pertinent that all states have constitutions and all states should be constitutional. Here, Nigeria is no exception. Thus;
Anything recognizable as a state must have some acknowledged means of constituting and specifying the limits placed upon the three basic forms of government power; the legislative power (making new laws), the executive power (implementing laws) and the judiciary power(adjudicating dispute under laws).2
Such limitations on governmental power are in the form of civil right against governmental right to things like freedom of expression, equality and due process of the law. It worthy of note that, constitutional limits comes in variety of forms. They can include such things as; "the scope of authority, the mechanism used in exercising the relevant power and the civil right".3 The notion, history and nature of constitutionalism cannot be discussed without a comparison between the views of Thomas Hobbes and John Locke. "They both defended respectively the notion of constitutionally unlimited sovereignty, and that limited by terms of a social contract containing substantive limitations".4 In Hobbes theory, "ultimate unlimited power must reside in the supreme governmental person or body who enjoys unlimited power and authority to rule the commonwealth".5 While as Locke has said, "unlimited sovereignty remains with the people who have the normative power to avoid the authority of their government if it exceeds its constitutional limitations".6 Though sovereignty and government are different
2.0 THE NOTION OF CONSTITUTIONALISM
2.1 PREAMBLE
Constitutionalism is the idea often associated with the political theories of John Locke. It emphasizes that, government can and should be legally limited in it power and authority. "In the minimal sense of the term, a constitution consist of a set of norms (rules, principles or value) creating, structuring and possibly defining the limit of government power or authority".1 It is therefore pertinent that all states have constitutions and all states should be constitutional. Here, Nigeria is no exception. Thus;
Anything recognizable as a state must have some acknowledged means of constituting and specifying the limits placed upon the three basic forms of government power; the legislative power (making new laws), the executive power (implementing laws) and the judiciary power(adjudicating dispute under laws).2
Such limitations on governmental power are in the form of civil right against governmental right to things like freedom of expression, equality and due process of the law. It worthy of note that, constitutional limits comes in variety of forms. They can include such things as; "the scope of authority, the mechanism used in exercising the relevant power and the civil right".3 The notion, history and nature of constitutionalism cannot be discussed without a comparison between the views of Thomas Hobbes and John Locke. "They both defended respectively the notion of constitutionally unlimited sovereignty, and that limited by terms of a social contract containing substantive limitations".4 In Hobbes theory, "ultimate unlimited power must reside in the supreme governmental person or body who enjoys unlimited power and authority to rule the commonwealth".5 While as Locke has said, "unlimited sovereignty remains with the people who have the normative power to avoid the authority of their government if it exceeds its constitutional limitations".6 Though sovereignty and government are different