Concepts of Democracy



The concept of democracy embodies a government that serves all its citizens. At its core, democracy is a social justice framework founded on the principles of equality and equity. Often defined as "government of the people, by the people, and for the people," democracy's interpretation varies across regions and social contexts. However, its operationalization hinges on fundamental principles that form its bedrock.

1.    Intermittent Elections

To ensure inclusion and participation, intermittent elections stand as a cornerstone of democracy. These elections afford citizens the right and legitimacy to express their political views and ideologies, actively participating in shaping the governance landscape for a set period.
      However, it's important to recognize that elections alone do not equate to democracy. While universal suffrage has played a crucial role in breaking down traditional power structures, true democracy extends beyond the act of voting. It encompasses a deeper realization of people's agency and their determination to shape their collective future.
     Democracy is not solely reliant on formal institutions like elections; it requires a culture of active participation and empowerment. Therefore, people's engagement should not be limited to electoral processes alone. Democracy thrives on an open governance partnership, constituting a social contract between rights holders and duty bearers.

2.    Separation of Power: To ensure a people’s accountable system of governance is one the merits of democracy. For a smooth and transparent democratic dispensation there is the set up the principle of Separation of Power. This principle hinges on Different Arms of Government carrying out salient functions of the government with check mating and oversight functions. The operationalization of this overtime is in two models;

i.               Presidentialism: This model is having the executive Arm of government headed by the president with full executive powers, distinct from the Parliament and Judiciary. The Parliament in different instances are modelled into two;

a.    Uni Cameral Parliament: This is a parliament that is predicated on just a chamber of the parliament operating under the law. A clear instance is the Ghanaian, Indian Parliament etc.

b.    Bi Cameral Parliament: The Bi Cameral Legislation are modelled to have two parliamentarian chambers. With one often time referred to as Lower Chamber and the other as the Upper Chamber. In this Nigeria is a perfect example, having the House of Representatives and Senate House, Modelling after the United States of America. Great Britain too is Bi Cameral, with the House of Lords producing the Prime Minister who is Head of Government and Parliament and the House of Commons[1].

The presidential system of government has clear separation of powers among the three arms of the government.

The president heads the Executive Arm of the Government- the executive powers are summed into the following;

a.    Enforcing and Implementing the Law: Under this power the president leads through a cabinet formed upon the tenets of the constitution the enforcement of laws passed by the legislative arm of the government. The effect of this is that the president leads the ministries, departments, agencies of the various sectors of the country through appointees either as ministers or head of agency. These agency under democracy are creations of the law and are mandated to perform the responsibilities and duties ascribed them by the laws creating them, inline with this the Executive President forms policies to guide enforcement and implementation using the extant relevant laws as the threshold.

b.    Policy formation and execution- in enforcing the and implementing the law, there is the formation of policy and its execution using the relevant extant law as threshold. Policy formed are theories and guide in principle to guide the operationalization of the government in its duties to fulfil the duties of the constitution and extant laws of the country. Policies are equally formed to aid smooth working relationship between the arms of the government.

c.     Head of Government and Head of States

The parliament is responsible;

a.    Making Laws: In the presidential system of government the parliamentary arm is strictly the law-making arm of the government, with the Executive assenting to the passed law for it to become a law within the country. In times of war or for the overriding interest of the country the Parliament can veto a bill passed into law.

b.    Passage of Budget: The National Budget or as the case maybe state budget, needs to pass through the house as a bill and after passed shall be assented by the president or governor for it to become law and National budget.

c.     Confirmation of Executive Appointment: The parliament is empowered to confirm the appointment made by the executive

The Judiciary is responsible for the interpretation of the law and commits into administering oath of office to the executive arm.

ii.              Parliamentary System: This system is predicated on the rule and democratic supremacy of legislative majority in the parliament. The majority of the political party that forms the upper chamber in the case a bicameral legislature system forms the central government. This system has the Head of parliament- popularly called the Prime Minister and in some instances, Chancellor serve as Head of Government, his powers and authority are both legislative and executive. The checkmate created in this system is the opposition political parties. Countries running this system of governance are; Great Britain, Canada, Israel, Germany etc.

The Nigerian Government is constitutionally structured to hold in high level the representation of separation of power[2]. In entrenching true federalism, a cardinal principle of our federal constitution in 1960, 1963, 1970 and even 1999 as amended is the separation of powers of the Executive, Legislature and the Judiciary.[3]

3.    Human (Fundamental)Rights

To ensure people’s participation in governance process, there is implementation and enforcement of human rights. Human Rights are recognized as inherent dignity and of the equal and inalienable rights of all members of the human family leading to freedom, justice and peace in the world[4]. While the United Nations Universal Declaration of Human Rights offers this description rather than a definition, the Equality and Human Rights Commission describe Human Rights as the basic rights and freedom that belong to every person in the world from birth until death[5]. Mark Frezzo yet offers description rather than definition of Human Rights are set of protections and entitlement held by all member of the Human Species- irrespective of race, class, gender, sexual orientation, cultural background, or national origin. While there is a national definition. While these are definition of Human Rights, within democracy Human Rights have remained sacrosanct and one of the guiding pillars of driving the democratic process.

The reality is that democracy provides an environment that respect human rights and ensure fundamental freedoms are freely expressed to the extent that the will of people is exercised- people have a saying in decision making and can hold the decision-makers to account. Women and men have equal rights and all people are free from discrimination. Generally, Democracy is a standard for judging Human Rights by Government regimes across the world[6]

The principle of democracy funded on Human Rights is well enshrined the Universal Declaration of Human Rights in 1946, this is further developed to suit regional context. So, we have the African Charter on Democracy Elections and Governance which creates the interlink between the operation of governance and the tenets of democracy to the spirit of human rights. While we have these provided within the context of international laws and policies, the Nigeria state has the Human Rights domesticated within the provision of Chapter IV of the !999 Constitution. This further backed by the provisions of Laws in Nigeria that seeks to deepen the fundamental rights of citizens, for instance the there is the Violence Against Persons (Prohibition) Act, a law that criminalises all forms of Gender and Domestic Violence- this law emphasis on freedom from discrimination and also freedom of association without any form of physical intimidation.

The reality is that this does not exist without having a strong judicial system. For the late Justice Oputa opines that the Days of Jungle Justice are over, civilisation means the courts have been established and men should take their courses there.

In conclusion one of the fundamentals that drives democracy is the existence and implementation of Human Rights within the state.

4.    Rule of Law: 

The definition of rule of law like other concept under democracy is without a cut crossing definition, it is has rather remained in description. Rule of Law is a durable system of laws, institutions, norms and community commitment that delivers. The government as well as private actors are accountable under the law. The is law is clear, publicized and stable and is applied evenly.[7]

Democracy focuses on how societies select those who hold power, while the rule of law is concerned with how power is exercise. The underlying premise of rule of law I plies that every citizens is subject to and accountable under the law, including law makers and those in government positions.

Rule of Law is critical factor for the advancement of democracy rooted in equal rights and accountability. By strengthening the rule of law, we protect the rights of all people, advance inclusiveness and limit arbitrary exercise of power which are the cornerstones of modern democracy.[8]  Rule of law conceptualises equality before the law, supremacy of the law. The Nigeria Constitution emphasises the place of the supremacy of the law within the Nigeria Constitution of 1999 as amended[9]. It further goes to ensure there is check and balance through entrenching the principle of Separation of power in the Constitution[10]. The reality is that all modern democracy still exists in the pretense of equality before the law, as there are still in existence the relics of theocracy which places “divineness” on the seat of power or leadership. The Catholic Pope exists within the Papal Infallibility concept, where it is stated that his pronouncement is divine and he cannot err, similarly the Queen of England is so exalted that she cannot be openly tried. This is found in the Constitution of Nigeria through the provision of the immunity clause on the Presidents, Governors and the vice and deputies respectively as seen in Section 308 of the Constitution, the judicial interpretation of this is that The immunity clause is meant to provide a shield for the person of the President, Vice President, Governor or Deputy Governor from frivolous or vexatious litigation in respect of personal or criminal proceedings that would distract him from the serious business of governance.”[11]However, this purpose has been manipulated to promote injustice, impunity and corruption. Therefore, the clause should be reviewed to checkmate the spate of anomalies being perpetrated under the guise of immunity clause.[12] The principle of immunity clause negates the equality principle of rule of law and democracy.

5.    Constitutionalism

constitutionalism recognises that democratic and accountable government must be coupled with constitutional limits on the power of the government[13]. Constitutionalism like other democratic concept is yet not having a clear cutting or universal definition. Must authors and institution have rather resulted  description there is a view of constitutionalism as a political and government philosophy based on the idea that government authority is derived from the people and should be limited by a constitution that clearly express what the government can and cant do. It is the idea that the state is not free to do anything it wants.[14] Hence the government is bound by the provisions of the constitution which regulates the affairs of the state, creates an enabling environment for the people’s participation and ensure the uphold of the principles of separation

While democracy is a government predicated on meaningful and inclusive participation, to have it full root of purity it must have all of these concepts present and implemented in its whole form, essence and intentions.

 


[1] Great Britain though Bi Cameral is running a Parliamentary system of Government, with the Prime Minister serving as the Head of Government and the Queen (Monarch of England) serving as the Head of Country. However, the Members of the House of Lords and Commons are democratically elected.

[2] Section 4 Provides for the Powers of the National Assembly. Section 5 also gives the power of the Executive and Section 6 provides for Judicial Powers.

[3] Ogundare J.C.A in Ekpenkhio v Egbadon (1993) 7 NWLR pt. 308 p. 717 at 744 CA

[6] https://www.un.org>global-issues>democracy

[7] Worldjusticeproject.org/aboutus/overview/what-rule-law

[8] Rolalliance.org/ro-alliance-impact/

[9] Section 1  of CFRN amended

[10] Sections 4, 5 and 6 of CFRN

[11]  Bola Tinubu vs. IMB Securities Plc (2001)

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