Constitution as a Social Contract

A constitution is a social contract between the people and government The second nature of a constitution is that it is a contract.

A constitution is a Legal Contract between the people and government containing legal rights which have force of law and are enforceable. A Constitution is the pre-agreed contract and supreme document defining and regulating the relationship between the people and the government and its terms are binding on all persons and authorities in the country. A constitution guarantees rights and also attracts obligation or duties to the:

1. Individual and
2. The government or public officers and authorities on the other hand.

MUST READ:B

1. Attempts at Defining the Rule of Law-Supremacy of the Law
2. Basis and Justification of Federalism
3. CHARACTERISTICS OF A FEDERAL SYSTEM OF GOVERNMENT
4. CONSTITUTIONAL LAW AND ADMINISTRATIVE LAW
5. Colonial Period in Nigeria – 1951-1953-The MaCpherson Constitution 1951-The Lyttleton Constitution, 1954
6. Constitution as a Social Contract
7. Constitutional Forms
8. Definition of the Concept Called Separation of Powers
9. Enforcement of Rights and Protection
10. Equality before the Law

CONCLUSION

You have learned about the relationship between a constitution and the people. You have learned the way in which the people should be involved to make the Constitution; valid and enforceable and the central nature of a Constitution, the purpose which it must serve and the constitution as the express will of the people.

SUMMARY

In this Unit, you have learnt that there are five different types of Constitution but there is supposed to be an inherent nature which is determined by the source of the authority.