Constitutional Guarantee of Property Rights in Nigeria

1974 ◽  
Vol 18 (2) ◽  
pp. 127-148
Author(s):  
G. Ezejiofor
Keyword(s):  
Special Form ◽  
Military Intervention ◽  
Fundamental Rights ◽  
Military Government ◽  
Bill Of Rights ◽  
Special Procedure ◽  
Complicated Process ◽  
The Government ◽  
The Individual ◽  
The Military

Since 19592 a bill of rights has always been written into successive Nigerian Constitutions. When the Military took over the government of the country in 1966, it suspended3 or amended a number of the provisions of the governing 1963 Constitution. Quite remarkably Chapter 3 of that Constitution embodying the bill of rights is among the portions that have not been altered or suspended. It is therefore significant that even under the military regime the fundamental rights of the individual are protected by the Constitution. It must however be observed that, before the military intervention, the bill of rights was entrenched in the Constitution since the rights and the procedure for their enforcement could only be altered through a rather complicated process in which both the central and regional legislatures had to participate.4 Since the army take-over no part of the Constitution is entrenched. This is because section 4 of the 1963 Constitution providing for a stiff and complicated amending procedure of some of its provisions has been suspended5 and the Supreme Military Council is now competent to enact any laws on any topic by decree6 and no decree is required to be promulgated in any special form or through any special procedure. A decree is valid once it is signed by the Head of the Federal Military Government.7

scholarly journals FREEDOM OF EXPRESSION AND MILITARY DICTATORSHIP IN PAKISTAN: CASE OF ZIA REGIME

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Dr. Shahnila Naz
Keyword(s):  
Freedom Of Expression ◽  
Military Intervention ◽  
Military Government ◽  
Military Dictatorship ◽  
Martial Law ◽  
Basic Task ◽  
Fiction Writers ◽  
The Government ◽  
The Military

Martial law is considered to be a political disaster in any country and its survival then depends on the military government. Founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah also advised the military to remain loyal to the government and the constitution of the country. He never even thought about any constitutional role of the military which clearly indicates that Jinnah favoured democracy as the system of government for Pakistan. In this article, I focussed that military is a constitutional part of the government and can tell the president about the disorder in the country where the crisis is and what result there will be for the government. The military intervention of the army is subject to a few things, if these specific circumstances are not faced, then the military cannot intervene because their basic task is to protect the borders and to run the government is the task of the nation, I would like to highlight the violence of freedom of Expression and constraints for fiction writers during Zia ul Haq regime in Pakistan.

scholarly journals The concept of a digital transformation of a traditional university to a “digital university”

E-Management ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 89-96 ◽  
Author(s):  
G. Kuzina
Keyword(s):  
Russian Federation ◽  
Online Courses ◽  
Digital Economy ◽  
Progressive Development ◽  
Digital Development ◽  
The Russian Federation ◽  
Development Communications ◽  
The Government ◽  
The Individual ◽  
The Military

One of the priorities of the government program “Digital economy of the Russian Federation” is the progressive development of the existing education system, which should provide the economy with competent personnel. In addition, this document declares the need to create a system of motivation for the development of the necessary competencies and participation of personnel in the development of the digital economy of Russia. All this requires the transformation of the classical educational system, which ultimately implies the creation of a “digital university”.According to the concept, proposed by the Agency for Strategic Initiatives together with Skolkovo University, the “digital university” will allow us to change the form and content of education in accordance with the requirements for new digital economy personnel. At the same time, the main emphasis should be placed on the individual trajectory of education, that is, collecting information not only according to the teacher’s assessment, but also collecting information in the student’s online course (what subjects the student was interested in, how he passed the intermediate tests, etc.). In addition, you need to create a specific set of services at the university. They should work in a similar way to the super services that are already being created in the Ministry of Digital Development, Communications and Mass Media of the Russian Federation for receiving public services online. So, the student will be able to get help and get registered in the military enlistment office in a single window mode, without having to go to the offices. In addition, changes are needed related to the content of education. So, along with the already developing segment of mass online courses, courses using AR and VR and virtual simulators should be introduced in universities. With the help of modern technologies, students will be able to learn the profession more effectively in practice.The article attempts to generalize the minimum set of necessary transformations of a classical university into a “digital” one and present their description.

Military Government in Latin America, 1959–1990

2011 ◽  
Author(s):  
Brian E. Loveman
Keyword(s):  
Latin American ◽  
Transitional Justice ◽  
Armed Forces ◽  
Extensive Literature ◽  
Military Government ◽  
Civil Military Relations ◽  
Foreign Policies ◽  
The Government ◽  
Military Relations ◽  
The Military

Latin America’s armed forces have played a central role in the region’s political history. This selective annotated bibliography focuses on key sources, with varying theoretical, empirical, and normative treatments of the military governments in the region, from the Cuban Revolution (1959) until the end of the Cold War (1989–1990). The article is limited to those cases in which military governments or “civil-military” governments were in power. This excludes personalist dictatorships, party dictatorships, and civilian governments in which the armed forces exercised considerable influence but did not rule directly. No pretense is made of comprehensiveness or of treating the “causes” of military coups (a vast literature) and of civil-military relations under civilian governments. Likewise, the closely related topics of guerrilla movements during this period, human rights violations under the military governments, US policy and support for many of the military governments, and the transitions back to civilian government (including “transitional justice”) are not covered in depth, but some of the selections do treat these topics and direct the reader to a more extensive literature on these subjects. Long-term military governments, with changing leadership in most cases, controlled eleven Latin American nations for significant periods from 1964 to 1990: Ecuador, 1963–1966 and 1972–1978; Guatemala, 1963–1985 (with an interlude from 1966–1969); Brazil, 1964–1985; Bolivia, 1964–1970 and 1971–1982; Argentina, 1966–1973 and 1976–1983; Peru, 1968–1980; Panama, 1968–1989; Honduras, 1963–1966 and 1972–1982; Chile, 1973–1990; and Uruguay, 1973–1984. In El Salvador the military dominated the government from 1948 until 1984, but the last “episode” was from 1979 to 1984. Military governments, though inevitably authoritarian, implemented varying economic, social, and foreign policies. They had staunch supporters and intense opponents, and they were usually subject to internal factionalism and ideological as well as policy disagreements. The sources discussed in this article reflect that diversity.

Judges and Human Rights: The Kenyan Experience

1991 ◽  
Vol 35 (1-2) ◽  
pp. 142-173 ◽  
Author(s):  
Gibson Kamau Kuria ◽  
Algeisa M. Vazquez
Keyword(s):  
Attorney General ◽  
Fundamental Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
High Court ◽  
Rules Of Procedure ◽  
Fundamental Rights And Freedoms ◽  
The Individual

On 4 July, 1989 in Maina Mbacha v. Attorney General the High Court of Kenya appeared to remove itself from its role of enforcing the Bill of Rights of Kenya. The court ruled “inoperative” section 84 of the Constitution of Kenya which grants original jurisdiction to the High Court to enforce Fundamental Rights and Freedoms of the Individual, section 70–83 (inclusive) (Chapter V). The provision was deemed “inoperative” in Kamau Kuria v. Attorney General, and this was upheld shortly thereafter in Maina Mbacha when the High Court found that no rules of procedure had been enacted to enforce the Bill of Rights and dismissed for lack of jurisdiction. Indeed, in the latter case the court dismissed the application for lack of jurisdiction even though the case was before the court by virtue of the constitutional grant of “original unlimited jurisdiction”. As a matter of established law, the court can be approached by any available procedure when ruling to enforce established constitutional rights. Ordinary rights can be defeated for failure to follow procedure, but historically, procedural requirements often defer to constitutionally granted rights. Once the Bill of Rights was enacted in the Constitution, its enforcement became supreme to all other law, including procedural rules, for the supremacy clause of the Kenya Constitution states: “… if any other law became inconsistent with this Constitution, this Constitution shall prevail and the other law shall to the extent of the inconsistency be void”

The Nigerian elections of 1983

Africa ◽  
1993 ◽  
Vol 63 (3) ◽  
pp. 397-418 ◽  
Author(s):  
Christopher Hart
Keyword(s):  
House Of Representatives ◽  
The State ◽  
Presidential Candidate ◽  
National Party ◽  
Military Government ◽  
Root Cause ◽  
General Elections ◽  
Conservative Coalition ◽  
The Government ◽  
The Military

AbstractIn 1979 Nigeria's military government held the first general elections for fifteen years. The politicians then resumed power under a republican constitution. The National Party of Nigeria, a conservative coalition, narrowly won the elections from four other parties and virtually controlled the next elections in 1983. There were five election rounds: for the President, for nine-teen state governers, for the Senate, for the House of Representatives and for the state assemblies. Increases over the 1979 vote in the presidential round indicated some rigging. Results in the following rounds were incredible. The root cause was northern reluctance within the National Party to honour an agreement to a southern presidential candidate at the next elections in 1987 and southern competition for the 1987 nomination. After the elections the courts failed to redress the rigging and the President to purge corrupt Ministers. The military then overthrew the government and resumed control.

scholarly journals A Panoramic View of the Social Security and Social Protection Provisioning in Lesotho

2017 ◽  
Vol 17 (4) ◽  
pp. 1629
Author(s):  
Kananelo E Mosito
Keyword(s):  
Social Security ◽  
State Policy ◽  
Social Protection ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
Security Measures ◽  
Panoramic View ◽  
The People ◽  
The Social ◽  
The Government

Social security is one of the most important areas of social policy.As part of its social policy, the government of Lesotho has promulgated various pieces of legislation and introduced an assortment of public assistance programmes for the benefit of the people of the country. There are also various informal social security measures which are the result of coordinated activities by individuals and groupings in Lesotho. These initiatives together provide a broad spectrum of social security provisioning for the people of Lesotho. This article sets out to discuss the said social security provisioning measures and appraises the efficacy of their interventions.Lesotho is a constitutional state.The Constitution of Lesotho came into force on 2April 1993. It provides for a Bill of Rights as well as principles of state policy. There is, however, no express provision in the Constitution for a right to social security. This is regrettable. Thus, the intersection between constitutional law and social security within the context of Lesotho can be achieved only through the interpretation of the fundamental rights as well as the principles of state policy provided in the Constitution. While the provisions relating to fundamental rights help to establish entitlements to social security, the principles of state policy play an important role in giving direction to service delivery.Understanding the link between the various governmental and social initiatives is crucial if interventions are to be designed which will enhance the provision of social security for the benefit of the people of Lesotho.

From Disorder to Growth and Back: The Military Regime (1964–1984)

2016 ◽  
Author(s):  
Lee J. Alston ◽  
Marcus André Melo ◽  
Bernardo Mueller ◽  
Carlos Pereira
Keyword(s):  
Economic Growth ◽  
Social Inclusion ◽  
Import Substitution ◽  
External Debt ◽  
Political Support ◽  
Business Community ◽  
Political Rights ◽  
Military Government ◽  
The Government ◽  
The Military

This chapter discusses the military government and the belief in “developmentalism” which motivated the institutions put in place by the regime. Developmentalism rested on top-down technocratic planning and was a coalition between the military and the business community, both domestic and foreign. Import substitution policies along with state-led industrialization brought economic growth in the late 1960s and into the mid-1970s. But, the Brazilian miracle of the late 1960s and early 1970s began to sputter out, and, moreover, political rights became more constrained. The years of censorship and a closed political system sowed the seeds for a more open political order. Above all, the failure of the expansionist strategy of growth through import substitution accompanied by inflation and external debt became self-evident. Citizens also began to blame the government for not reducing economic and social inequality. The dominant belief that economic growth should precede social inclusion started losing political support.

The Transition from Welfare to Workfare in Times of Crisis

2020 ◽  
pp. 49-72
Author(s):  
József Hajdú
Keyword(s):  
Social Policy ◽  
Family Policy ◽  
Fundamental Rights ◽  
Social Spending ◽  
Democratic Regimes ◽  
State Obligations ◽  
Fundamental Law ◽  
The Government ◽  
The Individual

Many of the serious deficiencies in the Hungarian welfare state pre-date the 2010 political changes and a pronounced anti-poverty policy turn was evidently already on its way in 2008, especially concerning income protection for the long-term unemployed. As if this were not enough, according to the OECD, among the thirty-two OECD member states, Hungary and Greece were the only states where real public social spending had decreased since the onset of the economic crisis. More precisely, Hungary’s social policy answer to the crisis included the introduction of workfare, the diminishment of the second pillar pension, the abolishment of early pensions, the activation of family policy, and the encouragement of citizens’ self-support attitude. Moreover, in 2010 a two-thirds majority in parliament gave the government the possibility to enact fundamental changes to Hungary’s Constitution and legislation as a whole. Confronted with the experience of non-democratic regimes and the individual vision of fundamental rights, after the transition, the Fundamental Law indicates a shift of emphasis from state obligations towards individual citizens to citizens’ obligations towards the community.

Nigeria's New Political Institutions, 1975–9

1980 ◽  
Vol 18 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Claude S. Phillips
Keyword(s):  
Civil War ◽  
Political Institutions ◽  
Military Intervention ◽  
Self Control ◽  
Military Government ◽  
Military Rule ◽  
Coup D'etat ◽  
Good Image ◽  
The Future ◽  
The Military

In October 1970, after the civil war had ended, General Yakubu Gowon reiterated his earlier pledge that military rule would be terminated on 1 October 1976, but two years before that date he postponed the return to civilian rule indefinitely on the grounds that Nigerians had not yet demonstrated ‘moderation and self-control in pursuing sectional ends’.1 In July 1975, nine years after his own elevation to Head of the Federal Military Government (F.M.G.), Gowon was removed by a coup d'état led by Brigadier Murtala Mohammed, who cited mismanagement as the immediate reason. However, after the coup, ‘well-placed spokesmen for the new administration…reaffirmed that the goals of the coup were to restore the good image of the military and to create conditions which will make reactive military intervention unnecessary in the future’.2

The Aylwin Government and 'Tutelary' Democracy: A Concept in Search of a Case?

1992 ◽  
Vol 34 (4) ◽  
pp. 119-194 ◽  
Author(s):  
Rhoda Rabkin
Keyword(s):  
Human Rights ◽  
Social Groups ◽  
The Other ◽  
Military Government ◽  
Democratic Transitions ◽  
Political Issue ◽  
Human Rights Abuses ◽  
The Government ◽  
The One ◽  
The Military

The Literature on democratic transitions suggests two opposite sorts of dangers that the successful democratizer must avoid: too much uncertainty on the one hand, and too little on the other. The first can lead to conflict, violence, and abortive transitions (Karl and Schmitter, 199D; while the second means there is no democracy at all, but leads to something less which has been variously called: "tutelary democracy," "electoralism," or "democradura."Before the government of Patricio Aylwin took office in Chile in March 1990, most observers anticipated that the return to democracy would bring considerable social conflict and political instability. Expressing a widely held view, one expert wrote: "Any return to democracy in Chile would entail vocal demands, from a variety of social groups and movements, to reverse the policies instituted by the regime since 1973" (Loveman 1986-87:29). The need to confront human rights abuses during the military government was another potentially explosive political issue.

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