Pillars Of Democracy (SS1 Civic Education)

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Whenever we come across the term pillar, what comes to mind?

It gives us an idea of a structure that provides support. Just as a house cannot stand without pillars, so also democracy without pillars. For democracy to stand firm, it relies on some pillars for support.

The pillars of democracy are the institutional structures on which the practice of democracy rests. That is to say that they are the institutions that support democracy. These include:

• The Constitution 
• The Organs of Government 
• Armed Forces
• Civil Societies
• Political Parties
• Trade Unions, Press, and Pressure Groups, etc.

The Constitution

A constitution is like the rulebook for a country. It is a set of fundamental laws that decide how a country is governed, what powers the government has, and the rights of its people. It is kind of a big deal, so changing it is usually harder than making regular laws. Just like you can’t change the rules of your favourite game on a whim, you can’t change the Constitution that easily. It’s the ultimate guide to how a country should work, and everyone, including the government, has to play by its rules.

Constitutionalism on the other hand is a set of rules that keep the government in check. It’s like a referee in a game, making sure everyone plays by the rules. It means that the government can’t do whatever it wants but must follow a set of laws agreed upon by the people. These laws are usually written in a Constitution, which is the ultimate rulebook of the country. Constitutionalism is important because it helps protect the rights of the people and prevents the government from becoming too powerful.

Features Of A Constitution

1. The Constitution is the fundamental law of the land and all other laws in the society are subject to it.
2. The Constitution contains a preamble which spells out the aspirations of the state.
3. The Constitution carries the form of the political system operating in the state, whether it’s a one-party, two-party, or multi-party system.
4. The Constitution defines the powers of the organs of government. 
5. The Constitution specifies the rights, duties, and obligations of the citizens. 
6. The Constitution prescribes the procedure for amendment. 
7. The Constitution provides for the tenure of office holders, their qualifications, and the nature of public elections. 
8. The Constitution explains who a citizen is. It also states the qualifications for acquiring citizenship.

Types Of Constitution

1. Written Constitution
2. Unwritten Constitution 
3. Rigid Constitution 
4. Flexible Constitution 
5. Federal Constitution 
6. Unitary Constitution
7. Confederal Constitution 

1. Written Constitution

A written constitution is a single document that outlines the fundamental laws and principles that act as a basis for governance in a country. Simply put, all the fundamental laws, principles, and guidelines by which a country is governed are in written form. Countries that have written constitutions include Nigeria, Canada, Ghana, etc.

Advantages Of A Written Constitution

1. It makes for ease of reference.
2. It cannot be a subject of ambiguity, since the laws are clearly stated.
3. Citizens are aware of their rights and duties, and when such have been infringed upon.
4. It promotes responsible government, as actions of the leaders may be challenged as unconstitutional.
5. It minimises conflict due to the clear definition of the powers of the various arms of government.
6. It cannot be easily manipulated because the process of amendment is quite tedious.

Disadvantages Of A Written Constitution

1. The procedure of amendment being rigid constitutes a problem for governance.
2. It is prone to misinterpretation. 
3. The cost of the amendment is usually high and complex.
4. It is conflict-oriented. 
5. It is not flexible and so does not respond to the dynamics of governance.

2. Unwritten Constitution

An unwritten constitution is a constitution that is not codified in a single volume. It evolves over a long period with a new set of laws and guidelines being added. It is not found in a single document like the written constitution but in various sources like Statutes, Conventions, and Acts of Parliament. The United Kingdom is an example of a country with an unwritten constitution.

Advantages Of A Unwritten Constitution

1. It is flexible and easy to amend.
2. It eliminates conflicts that could come up as a result of misinterpretation. 
3. Its dynamism allows it to satisfy the present and future needs of the state. 
4. It makes room for compromise which is an important feature for maintaining peace in the state. 

Disadvantages Of A Unwritten Constitution

1. Lack of codification makes for abuse in the state.
2. It is prone to abuse and dictatorship by the rulers.
3. Citizens cannot effectively defend their rights since the laws and principles are not in written form.
4. It could lead to political instability.
5. It is not suited for heterogeneous or federal societies like Nigeria.

3. Rigid Constitution

A rigid constitution is difficult to change. In a rigid constitution, certain laws, called constitutional or fundamental laws, cannot be changed in the same way as ordinary laws. This means that they often require special approval, such as a supermajority in the legislature or a referendum. For example, Nigeria has a rigid constitution, as amending it requires the approval of two-thirds of both the House of Representatives and the Senate. All written constitutions tend to be rigid but not all rigid constitutions are written constitutions.

Advantages Of A Rigid Constitution

1. It prevents hasty amendments due to the difficulties involved in amending it.
2. It leaves no room for ambiguity or misinterpretation.
3. It protects minority interests in the state.
4. It guarantees political stability. 
5. It reduces fears of domination of the minority groups by the majority groups.

Disadvantages Of A Rigid Constitution

1. The procedure for its amendment is too stringent and time-consuming.
2. It doesn’t respond to emergencies due to its rigid characteristics.
3.  It is very costly. 

4. Flexible Constitution

A flexible constitution, as the name implies, is flexible and easy to amend. It allows the legislature to amend the content of the constitution more easily. The process of amendment is not cumbersome. A simple majority vote of the lawmakers can achieve amendments. A flexible constitution can be written or unwritten. Countries that operate the flexible type of constitution are Great Britain, New Zealand, and Italy.

Advantages Of A Flexible Constitution 

1. A flexible constitution is easy to amend.
2. It is inexpensive to operate.
3. It is dynamic as it easily responds to emergencies. 
4. It saves time.

Disadvantages Of A Flexible Constitution

1. It is prone to abuse by tyrannical leaders because amendment of the law could be done hastily.
2. It is easy to manipulate, which may jeopardise the interests of the minority.
3.  It could bring about domination by the majority in a state.
4. It is prone to political instability.
5. It may not be suitable for a federal system of government.

5. Unitary Constitution

A unitary constitution is a type of government where all the power is held by a central government, so there is no division of power between the central government and the local authorities. The unitary constitution is usually flexible and not rigid. Examples of countries that operate unitary constitutions are Togo, Britain, Gambia, Sierra Leone, France, and New Zealand.

Advantages Of A Unitary Constitution

1. It is easy to amend.
2. It is ideal for a small and homogeneous society.
3. It is inexpensive to operate.
4. It promotes unity and integration in a state.
5. It provides a strong central government, capable of enforcing national cohesion.
6. It fosters the spirit of patriotism in the citizens.

Disadvantages Of A Unitary Constitution

1. It may encourage dictatorship.
2. It may not be suitable for a large or heterogeneous society.
3. The ease of amendment can encourage the making of hasty laws.
4. It may bring about a lack of development at the grassroots level.
5. It does not foster wider participation of the citizens in the affairs of the state.
6. It may bring about administrative inefficiency due to the over-concentration of powers at the centre.

6. Federal Constitution

A federal constitution splits the power distribution between a central government and other smaller governments. In a federal constitution, power and responsibilities are split into three categories: exclusive list, concurrent list, and residual list. The various levels of authority enjoy autonomy in their exercise of powers. Countries like the USA, and Switzerland are examples of federal constitutions.

Features Of A Federal Constitution

1. A written Constitution 
2. Power Sharing
3. Separation of Power
4. Bicameral Legislature
5. Rigid Constitution 

Conditions That Favour The Establishment Of A Federal Constitution

1. The practice of dual loyalty by the people to both the federal and the state governments.
2. Proximity of the component units.
3. The absence of differences among the component units.
4. The desire for union by the component units.

Advantages Of A Federal Constitution

1. It provides for unity in diversity, so it is suitable for large countries with multi-ethnic groups.
2. It is rigid and written so not easy to manipulate.
3. It encourages a wider representation of the people.
4. It protects minority rights and interests.
5. It brings the government closer to the people.
6. Duplication of functions by the various levels of government makes for employment opportunities.
7. It discourages dictatorship.

Disadvantages Of A Federal Constitution

1. The problem of wealth sharing is always paramount in a federal constitution.
2. Ethnic differences may jeopardise national unity and bring about conflict.
3. It is very expensive to maintain due to duplication of functions.
4. Power struggles by the various ethnic groups constitute a major setback to national cohesion.
5. It brings about inter-governmental conflicts.
6. It brings about unhealthy rivalry among ethnic groups.

7. Confederal Constitution

A confederal constitution is a constitutional arrangement in which the major powers and functions of the state are reserved for the regions or component units. The central government controls only those powers and functions of general/common interest to the whole country. Here, the regional governments are more powerful than the central government making it difficult for the central government to exercise control over the regional governments.

Advantages Of A Confederal Constitution

1. It enables the component members to use their resources to develop at their own pace.
2. The confederal constitution minimises the fear of ethnic domination.
3. It encourages healthy competition.
4. It accommodates local differences. 

Features Of A Federal Constitution

1. Confederal constitutions are weak and ineffective, and not a good option for modern states.
2. It does not promote the unity of the state.
3. It does not promote even the development of the component states.
4. It encourages disintegration.

Other Strong Institutions Of Democracy

Other strong institutions of democracy include:

1. The Organs of Government 
2. The Armed Forces
3.  Civil Society Groups
4. The Press
5. Trade Unions/ Pressure Groups
6. Political Parties
7. The Constitution 

The Organs Of Government

In Nigeria, the organs of government are the Legislature, the Executive, and the Judiciary. By the principle of separation of powers, each organ of government performs functions properly designated by the constitution. Additionally, each organ of government is independent but has functions complementary to the other organs of government making them work in unison. Let us take a look at how the functions of the organs of government support democracy.

The Legislature

This is the body that makes laws in a polity. The legislature comes under several names in different legal systems. In Nigeria, it is called the National Assembly, in Britain, it’s called the Parliament and in the USA, it is called the Congress.

In Nigeria, the legislature comprises the National Assembly and the State Assembly. The National Assembly is sub-divided into the Senate and the House of Representatives.

Types Of Legislature

1. Unicameral Legislature: A unicameral legislature is a type of government system where there is only one legislative house or chamber. This means that all laws are passed and voted on by a single group of lawmakers. Countries with unicameral governments include Armenia, Bulgaria, Denmark, Hungary, Monaco, Ukraine, Serbia, Turkey, and Sweden.
2. Bicameral Legislature: A bicameral legislature is a type of government system that has two separate chambers or houses. In this system, the two chambers work together to make and pass laws. An example of a bicameral legislature is the United States Congress, which consists of the Senate and the House of Representatives and also the Nigerian Legislature.

Functions Of The Legislature

1. The members of the legislature represent the interests of their people.
2. The legislature controls public expenditure. 
3. The legislature possesses the power of impeachment.
4. The legislature controls executive operations. 
5. The legislature is responsible for the approval of political appointments. 

The Executive

The Executive arm of the government is responsible for enforcing the laws and governing the state. It plays a crucial role in ensuring the overall governance and administration of the state. The executive branch varies depending on the political context and system in place. In most systems, the executive is headed by the President.

In Nigeria, the executive arm of government includes the President, Ministers, Advisers Assistants, etc at the federal level. The Governors, Commissioners, Advisers, and Assistants at the state level.

Functions Of The Executive

1. The executive is responsible for the execution and administration of policies.
2. The executive is in charge of the maintenance of law and order.
3. The executive prepares the budget.
4. The executive has the power to pardon
5. The executive has the power of assent to bills from the legislature before they become law.

The Judiciary

The Judiciary is the system of courts responsible for interpreting, applying, and enforcing the law in legal cases, and also when they are broken or violated. The judiciary comprises the Chief Justices, Judges, and the Magistrate. The judiciary system in Nigeria consists of the Supreme Courts, Court of Appeal, High Court of States, Federal High Court, Magistrate Courts, Sharia Courts, Customary Courts, and Tribunals.

Functions Of The Judiciary

1. Its primary duty is the interpretation of laws.
2. The Judiciary is responsible for settling disputes. 
3. The Judiciary upholds and protects the fundamental rights of citizens. 
4. The Judiciary protects the constitution. 

The Armed Forces

The Armed Forces of a nation are created to defend and protect the sovereignty and territorial integrity of the State. State here refers to the Nigerian state, not the component states, such as Lagos, Abia, Oyo, etc.

The Nigerian Armed Forces, which consist of the Army, Air Force, and Navy, are responsible for maintaining peace both within the country and abroad. Whenever there is a riot or unrest within the country, the Armed Forces are deployed to those areas to maintain peace. They defend not only the land but also the sea frontiers and the air space against violation by enemies of the State.

Civil Societies

Civil societies are associations that promote the ideals of social justice and democracy in a state. They also promote and defend the human rights of the citizens. Civil societies are selfless organisations that work for the good of society. They fight against all forms of corruption and abuse of office by those in authority.

Some examples of civil societies in Nigeria include:

1. Movement for the Emancipation of Niger Delta
2. Nigeria Labour Congress(NLC)
3. Save Nigeria Group (SNG)

The Press

One of the fundamental rights of a citizen is the freedom to hold and express opinions. Similarly, a free press is an important asset to the practice of democracy.

1. The free press evaluates government actions and policies to make sure they align with the public good.
2. The press informs, educates, and sensitises citizens on national issues and government policies.
3. The press is a very important pillar for the practice of democracy in a state.

Political Parties

Political parties are the central institutions and vehicles of the democratic process. They guarantee popular participation which is the essence of the democratic process.

Political parties in Nigeria are an integral part of the country’s democratic system. As of now, there are 18 legally registered political parties in Nigeria, with the All Progressives Congress (APC) and the Peoples Democratic Party (PDP) being the two major contemporary parties. 

These parties play a crucial role in the country’s governance, as they field candidates for various elective positions and help shape the political landscape. The APC and PDP, in particular, have been the dominant political parties in Nigerian politics, with other smaller parties also contributing to the multi-party system. These parties have their unique ideologies, structures, and support bases, and they are essential for the functioning of the democratic process in Nigeria.

Conclusion

The pillars of democracy are essential institutional structures that uphold and support the practice of democratic governance. The Constitution serves as the fundamental rulebook, ensuring adherence to laws and principles. Various forms of constitutions, ranging from written and unwritten, to rigid and flexible, all contribute distinct advantages and disadvantages.

The organs of government, armed forces, civil societies, the press, trade unions, political parties, and other strong democratic institutions collectively reinforce the foundation of a thriving democracy. These pillars work in harmony to maintain the delicate balance of power, protect citizens’ rights, and foster national cohesion.

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