Separation of Power Among Various Organs of Government and Its Impact on National Development
Chapter One
OBJECTIVES OF THE STUDY
The main aims or objectives of this study are:
- The examine the extent to which separation of power have helped in National Development.
- Determine the extent to which the legislature could be a basic institution for the translation of the masses preferences like provision of basic health facilities, roads, employment, etc into public policy through appropriate legislation, etc.
- Provide enough exposition on the wider issues of democracy and good governance.
- Specifically determine whether the pace of economic development in Nigeria can at any time be attributed to the separation of power in the country.
- Recommend ways through which the activities of the legislature, executive and judiciary can be strengthened in order to obtain an enduring democracy in the country.
CHAPTER TWO
REVIEW OF RELATED LITERATURE
Meaning and origins of the concept
It must be noted that, the doctrine of separation of powers has been developed over the centuries. The evolution of the concept of separation of powers can be traced to the British Parliament‘s gradual assertion of power and resistance to the royal decrees during the 14th century. James Harrington, an English scholar was one of the first modern philosophers to analysis the doctrine of separation of powers. Harrington in his essay, ―Common Wealth of Oceana (1656), built upon the works of earlier philosophers like Plato, Aristotle and Machiavelli, described a utopian political system that included a separation of powers. In his second Treatise on Government (1690), John Locke an English Political theorist, gave the concept of separation of powers more refined treatment. John Locke argued that legislative and executive powers were conceptually different. But that it was necessary to separate them in government institutions. However, in Locke‘s conception, judicial power played no significant role. The modern idea of the doctrine of separation of powers was vigorously explored in the ―Spirit of Laws (1748) by Baron de Montesquieu a French Political writer in his work. He based his exposition on the British constitution of the first part of the 18th century the way he understood it. As a doctrine, it has been interpreted as, ―Where an individual occupies the position of both the executive and the legislature, there is the danger of the legislature enacting oppressive laws which the executive will administer to attain its own ends‖. Montesquieu in the process outlined a three-way division of powers in England amongst the parliament, the king and the courts, even though such a division were not in existence at that time. Montesquieu apparently believed that the stability of the English government was due to this practice of separation of powers despite the fact that he did not use the word ―separation. It must be realized that Plato, Aristotle, Harrington, Locke, Montesquieu and other commentators saw the concept of separation of powers as a way to eliminate the arbitrary powers to check dictatorial tendencies. One condition of liberty is the separation of the legislature from the executive, and the existence of an independent and impartial judiciary. It is also as a result of this that, Montesquieu regarded ―the separation of powers as an essential safeguard of liberty. According to him, there is no liberty if the judiciary power be not separated from the legislative and executive. That is why according to Gettel, this doctrine implies that the three functions of the government ―should be performed by different bodies of persons; each department limited to its own sphere of action, and within that sphere should be independent and supreme (Chaturevedi, 2006:282). Hence, separation of powers is presently understood to mean that, none of the legislative, executive and judicial powers is able to interfere with the others. For example, the Judges should be independent of the executive and legislature in theory. Or that the same persons should not hold posts in more than one of the three branches. For example, that one branch of government should not exercise the functions of another. That is, the executive should not make laws which fall within the purview of the legislature. That be as it may, closely related to this theory is the ―doctrine of checks and balances‖. This doctrine states that, governmental power should be controlled by overlapping authority within the government and by giving citizens the right to criticize state actions and remove officials from office.
CHAPTER THREE
RESEARCH METHODOLOGY
INTRODUCTION
In this chapter, we described the research procedure for this study. A research methodology is a research process adopted or employed to systematically and scientifically present the results of a study to the research audience viz. a vis, the study beneficiaries.
RESEARCH DESIGN
Research designs are perceived to be an overall strategy adopted by the researcher whereby different components of the study are integrated in a logical manner to effectively address a research problem. In this study, the researcher employed the survey research design. This is due to the nature of the study whereby the opinion and views of people are sampled. According to Singleton & Straits, (2009), Survey research can use quantitative research strategies (e.g., using questionnaires with numerically rated items), qualitative research strategies (e.g., using open-ended questions), or both strategies (i.e., mixed methods). As it is often used to describe and explore human behaviour, surveys are therefore frequently used in social and psychological research.
POPULATION OF THE STUDY
According to Udoyen (2019), a study population is a group of elements or individuals as the case may be, who share similar characteristics. These similar features can include location, gender, age, sex or specific interest. The emphasis on study population is that it constitutes of individuals or elements that are homogeneous in description.
This study was carried to examine Separation of Power Among Various Organs of Government and Its Impact On National Development. Members of political parties form the population of the study.
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
INTRODUCTION
This chapter presents the analysis of data derived through the questionnaire and key informant interview administered on the respondents in the study area. The analysis and interpretation were derived from the findings of the study. The data analysis depicts the simple frequency and percentage of the respondents as well as interpretation of the information gathered. A total of eighty (80) questionnaires were administered to respondents of which only seventy-seven (77) were returned and validated. This was due to irregular, incomplete and inappropriate responses to some questionnaire. For this study a total of 77 was validated for the analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
Introduction
It is important to ascertain that the objective of this study was to ascertain Separation Of Power Among Various Organs Of Government And Its Impact On National Development. In the preceding chapter, the relevant data collected for this study were presented, critically analyzed and appropriate interpretation given. In this chapter, certain recommendations made which in the opinion of the researcher will be of benefits in addressing the challenges of Stress management strategies adopted by Separation of Power Among Various Organs of Government and Its Impact On National Development
Summary
This study was on Separation of Power Among Various Organs Of Government And Its Impact On National Development. Four objectives were raised which included: The examine the extent to which separation of power have helped in National Development, Determine the extent to which the legislature could be a basic institution for the translation of the masses preferences like provision of basic health facilities, roads, employment, etc into public policy through appropriate legislation, etc, Provide enough exposition on the wider issues of democracy and good governance, Specifically determine whether the pace of economic development in Nigeria can at any time be attributed to the separation of power in the country and recommend ways through which the activities of the legislature, executive and judiciary can be strengthened in order to obtain an enduring democracy in the country.. The study adopted a survey research design and conveniently enrolled 80 participants in the study. A total of 77 responses were received and validated from the enrolled participants where all respondents were drawn from members of political parties. Hypothesis was tested using Chi-Square statistical tool (SPSS).
Conclusion
In conclusion, separation of powers appears not to operate any legal restriction on power but, it provides the basis for important principles which the law protects such as independence of the judiciary. It provides a basis for the adoption of structure processes and control which protects liberty now and in the future. It guards against broad spectrum of the ills like absurd judgement avaricious and ambitious self-serving behaviour and inefficient performances of functions. As our system of government evolves new conventions, political practices and events at times need legal rules will need to be devised to protect the liberty of the. people and our nascent democracy (2010). The doctrine of separation of powers therefore provides the justification for these measures and helps to determine their nature and scope. Apparently, there is the need to monitor our political system, be vigilant about our liberty and advocate new measures when the liberty is threatened
Recommendation
Government state should adhere to the theory of separation of powers as is the practice in other democratic states of the world taken account of our historical past and the urgent need to modernize where necessary. Any dictatorial tendency should be nibbed on the bud. Secondly, it will help to dispense with executive usurpation of powers, check corruption of elected officials and manipulation of electoral processes.
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