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This book is a completely revised merger of both volumes 1 and 2 of Constitutional Law in Nigeria previously published. It deals with the various principles of constitutional law and fundamental human rights as contained in the 1999 constitution, though f
A full overview of administrative law in Nigeria is provided. Amongst topics covered are: scope, distinguishing administrative from constitutional law, the particularities of the Nigerian situation, the rule of law, separation of powers, delegated legislation, executive control, administrative adjudication, judicial control or review of administrative actions, understanding the concept of fair hearing, ex-parte applications, prerogative remedies, certiorari, case method approach of determining bodies, acting judicially and administratively, common law remedies, injunctions, declaration, local government under the 1999 Constitution, the National Assembly, and the State Houses of Assembly. The authors are lecturers at the Faculty of Law, Kogi State University, Ayangba, Kogi State, Nigeria and barristers and solicitors of the Supreme Court of Nigeria.
The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
Modern Nigerian Constitutional Law: Practices, Principles and Precedents has fifteen chapters covers not only the traditional core topics in constitutional law, but also the generally neglected ones. In chapter one, the author examines some basic issues in Nigerian constitutional law, and in chapter two the supremacy of the Constitution is examined. Also examined in this book are federalism, local government, fundamental rights, the fundamental rights enforcement procedure, the legislature, the executive, the judiciary, elections, INEC, and political parties. Although primarily intended as a textbook for students, the practitioner and the judge will find it refreshingly rewarding.
This collection of essays brings together critical and considered responses to matters of constitutionalism in the context of the most recent political evolutions in many African countries. They are concerned with the struggles for progressive constitionalism, and review historical developments and future challenges. Some specific subjects discussed are: pan- Africanism and constitutionalism; culture, ethnicity and citizenship with reference to Ruanda and Senegal; equality, discrimination and constitutionalism in Muslim Africa; gender and affirmative action in post-1995 Uganda; constitution making in Eritrea; and the challenges of antiquated constitutional doctrines and values in Commonwealth Africa. The contributors are prominent scholars in the fields of politics, law and human rights and include Ola Abu Zeid, Antonia Kalu, Ali Mazrui, Oloka-Onyanyo and Sylvia Tamale.
This book, Judicial Approach to Interpretation of Constitution: A Study of Nigeria, Australia, Canada and India, is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.