Constitutional Review in Representative Democracy

Kyritsis, Dimitrios

doi:10.1093/ojls/gqs004

Cited by 8 publications

(2 citation statements)

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“…62 Under modern governments, powers are therefore distributed in a manner that all branches of government can complement each other's efforts towards delivering the goods of governance to the people. 63 This is the invention of the idea of 'cooperation' in [243] Sriwijaya Law Review  Vol. 3 Issue 2, July (2019) constitutional democracies, an idea captured by Jackson, J. in Youngstown Co. v. Sawyer, 64 where the United States (US) Supreme Court noted that, "While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed power into a workable government 65 Across the length and breadth of the global constitutional landscape, this idea of cooperation has continued to gain ascendancy, even as watertight separation of powers remains in decline.…”

Section: The Nigerian Constitutional Model Of the Doctrine Of Sep-aration Of Powersmentioning

confidence: 99%

Separation of Powers Under the 1999 Nigerian Constitution: The Core Legal Dilemmas

Adegbite

Oduniyi²,

Farinde³

2019

Sriwijaya Law Rev.

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At the core of Nigeria's constitutional practice lies the doctrine of separation of powers. The application of the principle is such that power under Nigeria's presidential cum federal system is delineated both horizontally and vertically. Even though the doctrine has a major feature of every constitution in the world, its implementation does not seem satisfactory given the insults that have been carried out by successive governments. This paper examines the doctrine of separation of powers and its complicatedness as regards to its practice in Nigeria's constitutional democracy. Reflecting on the history of Nigeria, this paper will discuss the eroded implementation of the principle of separation. As a result, it seems to be that the concept of "separation" is not going well and tends to fuse the function of executive and legislative institutions. In this situation, the principle is in a dilemma. This paper further offers a flicker of hope by pointing to the fact that all hopes do not appear lost, as the Judiciary still maintains some level of ‘separateness,' except that only time will tell as to how much this lasts.

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Section: The Nigerian Constitutional Model Of the Doctrine Of Sep-aration Of Powersmentioning

confidence: 99%

Separation of Powers Under the 1999 Nigerian Constitution: The Core Legal Dilemmas

Adegbite

Oduniyi²,

Farinde³

2019

Sriwijaya Law Rev.

View full text Add to dashboard Cite

show abstract

“…Finally, political morality recommends that the legislative body be an assembly of elected representatives rather than a sole legislator, even if the latter is elected. That is because an assembly better combines the virtues of representation and deliberation (146–153), and can thus avoid the problems of tyranny, exclusion and incompetence that beset the sole legislator system (143–146).…”

Section: The Authority Of Legislation and The Content Of The Lawmentioning

confidence: 99%