Back to Course

SS1: GOVERNMENT - 2ND TERM

0% Complete
0/0 Steps
  1. Types of Government Continues, Federal and Confederal Systems of Government | Week 1
    7 Topics
    |
    1 Quiz
  2. Forms of Government: Presidential System of Government | Week 2
    4 Topics
    |
    1 Quiz
  3. Forms of Government: Parliamentary System of Government | Week 3
    7 Topics
    |
    1 Quiz
  4. Structure and Organization of Government: Legislature | Week 4
    6 Topics
    |
    1 Quiz
  5. Structure and Organization of Government: Executive | Week 5
    5 Topics
    |
    1 Quiz
  6. Structure and Organization of Government: Judiciary | Week 6
    5 Topics
    |
    1 Quiz
  7. Basic Principles of Government: Political Participation and Political Apathy | Week 7
    5 Topics
    |
    1 Quiz
  8. Basic Principles of Government: Rule of Law and Delegated Legislation | Week 8
    8 Topics
    |
    1 Quiz
  9. Basic Principles of Government: Centralization and Decentralization | Week 9
    4 Topics
    |
    1 Quiz



Lesson Progress
0% Complete

Evaluation Questions

1a. What is rule of law? (b) Explain the basic principles of rule of law

2. What is the importance of the rule of law in a state?

3. What are the limitation to application of rule of law in a state?

4. State the factors that can promote application of rule of law

5a. What is delegated Legislation? (b) Explain the different types of delegated legislation

6. Give merits and demerits of delegated legislation.

7. How can the dangers of delegated legislation be controlled?

View Answers

Responses

Your email address will not be published. Required fields are marked *

Evaluation Questions

1(a) What is rule of law?

Answer – The rule of law is a concept which states the supremacy of the law over all citizens in a state irrespective of their social status.

(b) Explain the basic principles of rule of law

Answer –

According to Prof. A. V. Dicey, the rule of law has three basic  principles: i.e.

  • The Supremacy of the Law: This principle states that the law of the state governs and not individuals and that no citizen is above the law.
  • Equality Before the Law: This principle states that all citizens of a state are born equal and should be given equal treatment under the law.
  • Fundamental Human Rights: This principle states that every citizen has the right to enjoy their rights as enshrined in the constitution.

 

2. What is the importance of the rule of law in a state?

Answer –

  • The rule of law guarantees peace in society.
  • The rule of law guarantees the supremacy of the constitution.
  • The rule of law guarantees Press freedom.
  • The rule of law guarantees the equality of all citizens.
  • The rule of law guarantees room for appeal.
  • The rule of law guarantees fundamental human rights.

 

3. What is the limitation to application of rule of law in a state?

Answer –

  • Diplomatic Immunity: Where a foreign diplomat can escape judgment for committing crimes in a country.
  • Immunity of the Head of State: In a state where the head of state is immune from litigation the operation of the rule of law is limited.
  • Parliamentary Immunity: This is the immunity granted to members of the parliament on the floor of the house.
  • The State of Emergency: In periods where a state of emergency is declared, the application of the rule of law is also suspended.
  • Military Regime: In military regimes, the constitution is suspended and the rule of law is non-existent.

 

4. State the factors that can promote application of rule of law

Answer –

  • Constitutionalism: Where governance is based on the constitution.
  • Ombudsmanism: Where there is a channel for public complaints against ineffective government officials.
  • Fairness and Justice: These principles help the application of the rule of law.
  • Independence of the Judiciary will promote the rule of law.
  • Citizen’s Liberty and Freedoms will also promote the rule of law.

 

5a. What is delegated Legislation?

Answer – These are laws made by bodies other than the legislature.

(b) Explain the different types of delegated legislation

Answer –

  • Order-in-Council: This type of legislation is made by the monarch during emergencies.
  • Statutory Instrument: This is an order issued by ministers and senior civil servants through the act of parliament.
  • Bye-Laws: These are laws made by the local governments and public corporations as empowered by the parliament.
  • Provisional Orders: Temporary rules awaiting legislative permissions and approval.

 

6. Give merits and demerits of delegated legislation.

Answer –

(a) Merits of Delegated Legislation

  • It reduces the workload of the parliament.
  • It gives the parliament adequate law-making time and space.
  • It allows experts to legislate on technical matters.
  • It allows for the legislation of local laws.
  • It allows for quick response to a state of emergency.

(b) Demerits of Delegated Legislation

  • It usurps the powers of the parliament to make laws for the state.
  • The usual procedures for making laws are not followed.
  • Delegated legislators sometimes arbitrarily use their powers.
  • Those delegated legislators were not elected to make laws for the people.
  • The idea violates the principle of separation of powers as the executive is now making laws.

 

7. How can the dangers of delegated legislation be controlled?

Answer –

  • The parliament can control delegated legislatoion because they can accept or reject their laws.
  • Judiciary can declare some delegated legislation as unconstitutional.
  • The press can control delegated legislation through their constructive criticisms.
  • The minister as the supervisor of the bye-laws has control over them.
  • The governance can be the flow of funds to these delegated legislators.

error: Alert: Content selection is disabled!!