Firstly, the major distinguishing feature of a democratic government that sets it apart from other system of governance (including Military System) is the presence of a legislature. The legislature in a democratic society exists as an independent institution with its unique system, life and process. Secondly, in a democratic government, there is the existence of checks and balances among the organs of government, a mechanism that gives other organs of government a concurrent role in law making: executive in giving or refusing assent and the judiciary that exercises the power of judicial review. This is to ensure that only laws that conform to the constitution are enacted as well as to safeguard against the invasion by the centre of the legislative powers of other tiers of government.
This is not so in a military administration where there is centralized administration by virtue of the unified command structure of the military. For example, the Supreme Military Council under General Gowon, the Armed Forces Ruling Council (AFRC) of the Babangida’s era and the Provisional Ruling Council under Gen Abacha, all in Nigeria had unlimited powers to make laws, which were called decrees at the centers, and edicts at the state level.
In addition, the military ruling council had the power to suspend the constitution in part, or in whole, oust the jurisdiction of the courts to entertain certain cases, and make laws to have retroactive effect or even abridge the fundamental human rights of the citizens while making laws. All these could be justified since a military regime by definition is a state of emergency. In a democratic society the existence of competitive political parties, allow for more diversified inputs into the Law-making process. The realization that the day of reckoning will certainly come when elected representatives will be expected to render account of their stewardship will make them take the opinion of their constituents and the
larger public opinion into account in deciding the type of laws they will make.
Self-Assessment Exercise 3.4
Identify the differences between Decrees and Edicts under a military dispensation.
Law is useful to any society because it is said to embody the societal reason and value as well its general ends or purpose. But law in any given society is the expression of the push and pull of social forces in that society; and we cannot explain its substance or its operation without regard to those forces. The role of the legislators is, no doubt, crucial in molding the law and its essence, therefore, it is only Legislature that has no hidden agenda and can correctly read the pulse of the citizens that will make laws strictly in accordance with the nation’s Constitution.
In this unit, we examined the law making process as a core function of the legislature. We also explained the many stages that are involved in making law and stressed that it is important for a parliament to regard the procedure as sacrosanct, because failure to comply with the procedure will render the law a nullity, no matter its intrinsic merit. We also noted that this procedure is common to all the tiers of government in a democracy while it is only in a military setting where the whims of the ruler constitute the law that the contrary obtains.
1. Evaluate the significance of the structure of the legislature in the law making process.
2. Explain how Law-making process under a military regime could lead to dictatorship.
3. Discuss how the Law-making powers of the Local Government Councils are limited by the State governments.
larger public opinion into account in deciding the type of laws they will make.
Self-Assessment Exercise 3.4
Identify the differences between Decrees and Edicts under a military dispensation.
CONCLUSION
Law is useful to any society because it is said to embody the societal reason and value as well its general ends or purpose. But law in any given society is the expression of the push and pull of social forces in that society; and we cannot explain its substance or its operation without regard to those forces. The role of the legislators is, no doubt, crucial in molding the law and its essence, therefore, it is only Legislature that has no hidden agenda and can correctly read the pulse of the citizens that will make laws strictly in accordance with the nation’s Constitution.
5.0 SUMMARY
In this unit, we examined the law making process as a core function of the legislature. We also explained the many stages that are involved in making law and stressed that it is important for a parliament to regard the procedure as sacrosanct, because failure to comply with the procedure will render the law a nullity, no matter its intrinsic merit. We also noted that this procedure is common to all the tiers of government in a democracy while it is only in a military setting where the whims of the ruler constitute the law that the contrary obtains.
TUTOR-MARKED ASSIGNMENTS
1. Evaluate the significance of the structure of the legislature in the law making process.
2. Explain how Law-making process under a military regime could lead to dictatorship.
3. Discuss how the Law-making powers of the Local Government Councils are limited by the State governments.
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