The Relevance of the Judiciary in a Democratic Nigeria

2012 ◽  
Vol 20 (2) ◽  
pp. 301-317
Author(s):  
Osahon O. Guobadia

A new constitutional democracy was established in Nigeria on 29 May 1999. This Fourth Republic was founded upon the Constitution of the Federal Republic of Nigeria 1999 (as amended) which unshackled the judiciary from the bondage of military decrees. This also brought excitement to the citizenry which finds expression in the belief that the judiciary, their last bastion of succour, is now poised to intervene in the inevitable tussle between might and the exercise of new democratic tenets. These tenets encompass the ideals of economic justice, political justice and social justice. 1 1 C. C. Nweze, ‘Judicial Sustainability of Constitutional Democracy in Nigeria: A Response to the Phonographic Theory of the Judicial Function’, in E. S. Nwauche and F. I. Asogwah (eds), Essays in Honour of Professor C. O. Okunkwo, (SAN) Jite Books (2000), p. 225. Against the backdrop of this reality, the article will examine the extent to which the judiciary in Nigeria has performed its constitutional role as an independent arm of government towards ensuring the observance of democratic values in a free, open, humane and civilised society.

Kurios ◽  
2019 ◽  
Vol 5 (2) ◽  
pp. 109
Author(s):  
Piter Randan Bua ◽  
David Samiyono ◽  
Tony Christian Tampake

This article aims to see the mission of the Gereja Kristen Indonesia (GKI Peterongan) in the perspective of the fifth principle of Pancasila namely social justice for all Indonesian people. Social justice in the perspective of the fifth principle of Pancasila is political justice and economic justice. Equally the same is based on the constitution and the same sense in the economic field. The meaning of social justice is built on the basis of kinship and mutual cooperation and all for all. The method used in this study uses qualitative methods through the study of documents, interviews and observations. In this study it was found that GKI Peterongan aspires to realize social justice for all people but has not been reflected and implemented in existing programs. In reality the implementation of the GKI Peterongan mission has not yet led to the realization of social justice for all Indonesian people. The mission of the GKI Peterongan is still exclusive and qualitative and has not given much thought to the community outside the church. Abstrak Artikel ini bertujuan melihat misi Gereja Kristen Indonesia Peterongan (GKI Peterongan) dalam perspektif Sila Kelima Pancasila yaitu Keadilan Sosial bagi seluruh rakyat Indonesia. Keadilan Sosial dalam perspektif Sila Kelima Pancasila adalah keadilan politik dan keadilan ekonomi. Sama – sama rata sama rasa berdasarkan konstitusi dan sama rata – sama rasa dalam lapangan ekonomi. Artinya keadilan sosial yang dibangun atas dasar kekeluargaan dan gotong royong serta semua untuk semua. Metode yang digunakan dalam penelitian ini menggunakan metode kualitatif melalui studi dokumen, wawancara dan observasi. Pada penelitian ini ditemukan bahwa GKI Peterongan bercita – cita mewujudkan keadilan sosial bagi seluruh rakyat namun belum tercermin dan terimplementasi dalam program – program. Kenyataannya pelaksanaan misi GKI Peterongan belum mengarah pada perwujudan keadilan sosial bagi seluruh rakyat Indonesia. Misi GKI Peterongan masih bersifat ekslusif dan karitatif serta belum banyak memikirkan masyarakat di luar gereja.


Author(s):  
Karly Wildenhaus

While no comprehensive studies have yet been published quantifying the extent of unpaid internships within archives and libraries, their prevalence is easily recognized as widespread. Unpaid internships are offered and facilitated based on the implication that they correlate positively to future job prospects, although recent studies point to evidence that complicates this idea. Instead, the prevalence of unpaid internships may negatively impact efforts for diversity and inclusion among information workers while contributing to greater precarity of labor throughout the workforce. Meanwhile, professional organizations and academic programs often do not discuss the realities of unpaid internships, and some MLIS programs require or encourage students to work without remuneration for course credit at their own expense. Situating unpaid internships within larger questions of economic access, labor laws, indebtedness, and neoliberalization, this paper advocates for the denormalization of unpaid internships within archives and libraries, especially for those institutions that articulate social justice as part of their institutional values. Although rendering these positions obsolete is likely beyond the power of any one entity, this paper identify strategies that can be taken at the individual- and institutional-level to advance economic justice and the dignity of all work that occurs in our respective fields. Pre-print first published online11/25/2018


1995 ◽  
Vol 4 (1) ◽  
pp. 1-18 ◽  
Author(s):  
Michael L. Hughes

As Central and East Europeans (including Germans) strive to build new democracies on the ruins of old dictatorships, they seek to establish democratic values as well as democratic institutions. They know that democratic institutions alone were not able to save democracy in Germany's Weimar Republic, which had also risen out of the collapse of an authoritarian regime. West Germans, though, later built a viable democracy, the Federal Republic, from even more devastated and authoritarian remnants. To help explain such differing outcomes, historians have posited changes in political values, arguing that West Germans developed a democratic political culture to replace the authoritarian values many Germans had held earlier. As illuminating as such arguments could be, historians have had great difficulty finding evidence on just what political values Germans, especially common citizens, have in fact held at various times.


2021 ◽  
pp. 002190962110588
Author(s):  
Narender Nagarwal

The primary endeavor of this paper is to illuminate the contentious Citizenship Amendment Act 2019 through the constitution and human rights jurisprudence perspective. In this paper, an attempt has been made to propose a different interpretation of the Citizenship Amendment Act 2019 which not only infracts constitutional values but also legalized the hate against minorities, especially Muslims. India—as a nation state—has always cherished and remained concerned about its secular and democratic character. Since independence, India has maintained its global position as a responsible and humane society to protect minorities’ rights and social justice. Shockingly, the legislative development that had taken place in the recent past has questioned India’s commitment toward the certain principle of human rights, democratic values, and secularism which are the hallmark of the Constitution of India. The Citizenship Amendment Act 2019 has put religion as a pre-requisite qualification if someone is desirous to apply for Indian citizenship which is purely a violation of the basic ethos of the constitution. The idea of India as envisioned by the framers of the Indian constitution as a democratic, secular, and socialist state and anything that contrary to its basic structure is unconstitutional. The contentious legislation whether unconstitutional or not needs to be examined through the prism of constitutional law and fundamental norms of human rights. In this research exercise, a modest attempt is made to examine all merits and demerits of this antagonistic citizenship legislation. Throughout the paper, the effort has been given to sustain the notion that India cannot be a republic founded on discrimination, hate, and a pervasive sense of fear.


2020 ◽  
Vol 31 (1) ◽  
pp. 123-145
Author(s):  
Ekokoi Solomon

This paper examines the attitude of the Supreme Court of Nigeria towards the political question doctrine. It interrogates the decisions of the Court in selected landmark cases involving political questions since the First Republic to the Fourth Republic which commenced in 1999. The paper identifies three core approaches espoused by the Court in cases involving political questions – the deference approach, the necessity approach and the avoidance approach. This paper argues that in a constitutional democracy, it is inevitable – considering that the Court is both a political and a legal institution – that the Court, like in other jurisdictions such as Germany, India, South Africa and the United States, will be called upon to adjudicate cases involving political questions. As such, the paper recommends that the Court openly asserts the ‘politicality’ of its decisions, whether they are predicated on the need to defer to the political branches, exigency/necessity or to avoid the political questions brought before it.


2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Zainal Arifin Hoesein

<p align="center"><strong>ABSTRACT <br /></strong></p><p>Voting right is citizen’s constitutional rights. There is nothing that can obscure it, not to mention negate it, as long as it is not against the moral, religious, public stability and security values. The action to negate the voting rights is an act of dismissal of democratic constitutional values. Indeed, the democratic values strongly upheld the citizens’ rights, including the voting rights. The correlation between the voting rights and the general election administration is a synergic correlation to create conducive election as mandated by the constitution. Administration role should not have been an obstacle for upholding the constitutional democratic values, rather, it becomes a filter in regulating each citizen in using their voting rights to ensure the legal certainty, either from technical aspects, which is the accurate ballot counting, or from substantive aspect that is to ensure the legal certainty in conducting the accountable general election. In deciding the voters, several things should be prioritized such as first, the administrative management of general election related to the population administration; and, second, the voting rights transformed into the List of Fixed Voters (DPT). Administrative data of population is a baseline data and the data source for establishing the List of Fixed Voters (DPT).</p><em>Keywords<strong>: </strong>Constitutional democracy, general election, voters’ administration, and rights, the list of fixed voter. </em>


2007 ◽  
Vol 1 (3) ◽  
pp. 307-319 ◽  
Author(s):  
Gotlind Ulshöfer

AbstractThis article discusses the understanding of economic justice in the Accra Confession. It develops the notion of economic justice as social justice in a globalized world. By analyzing the discourse on corporate social responsibility in the European Union, it shows the importance of the interdependence of social responsibility and economic justice and vice versa.


2006 ◽  
Vol 100 (3) ◽  
pp. 319-333 ◽  
Author(s):  
JOHN ZUMBRUNNEN

In his final two surviving plays,AssemblywomenandWealth, Aristophanes turns his comic art toward a consideration of the possibilities of radical economic change. His presentation of those possibilities has been read as either indulging in fantasy or as ironically reinforcing the economic status quo. This essay argues that the two plays in fact work to instill in their audience a complex and challenging sensibility that holds fantasy and irony in tension with one another. Drawing on recent arguments about the relationship and relative priority of economic redistribution and cultural recognition as political goals, I suggest that this sensibility provides an attractive model for theorists and ordinary citizens alike as they grapple with issues of economic and social justice.


1951 ◽  
Vol 4 (1) ◽  
pp. 64-84 ◽  
Author(s):  
Mario Einaudi

The French elections of June 1951 and the serious difficulties experienced by the victorious constitutional parties in the formation of a government call attention once more to the problems of a parliamentary system in a multiparty state, and underline the urgency of a redefinition of the roles of parties and government within a constitutional democracy. These developments also draw attention to the basic constitutional problems which affect the political stability of France, and thereby weaken the Western community. With an occasional glance at parallel Italian developments, this article will first analyze the new electoral law and the election returns before proceeding to a discussion of the constitutional issues that contribute to the deepening crisis of the Fourth Republic.


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