The second principle of administrative law, he said, is that those subject to government decisions are entitled to procedural fairness, also known as rules of national justice or due process, fairness in administrative law sense, he added, includes the right to fair hearing and the right to an impartial decision maker.
The third principles of administrative law which Sossin (2008) stated that government most be rational it cannot be arbitrary or based on discriminatory, corrupt or improper factors. This principle is fundamental to a society governed by the rule of law, but also requires a balance to be struck between the legitimate needs of the state and the protection of citizen he said.
According to Sossin, the enhancement of the authority
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This independence attained by Nigeria cannot be said of its judiciary. The judiciary as it was then still under colonization even after the independence of the country.
The Federal Supreme Court of Nigeria which was the highest and final court of the country was not as final as it appears. Its final appeal still had to be laid before the jurisdiction of the privy council of the House of Lords in England.
This meant that the Nigeria court final decisions were still subject to judicial views handed down from England through the privy councils.
Nigeria judicial decisions continued to be subjected under the Privy Council 's decision until 1963 when Nigeria became a republic and the judiciary became independent from the decision of the Britain Privy Council.
Prior to Nigeria becoming a republic, the decisions of our courts were not the only issue subjected to the decision of the British, the personnel of the Nigerian judiciary including the Chief Justice and Judges were reflective of the colonial rulers, also decisions and cases decided in England were largely binding on Nigeria courts by virtue of the influence of the privy council on the Nigerian judicial
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ii. The principal sources of government legal powers, parliamentary and subordinate legislation. iii. The mechanism by which citizens in respect of governmental actions may be examined and where appropriate redress be offered. Such channels of redress may be parliamentary, administrative or judicial. iv. The administrative of federal government and the general legal principles applying to local authorities.
v. Public corporation
In a nutshell, administrative law is a branch of public law dealing with the actual operation and the control of the powers of government through administrative processes.
When a constitutional process (election) resulted to duly elected government, an administrative process begins when that government determined its policies for legislation is necessary for substance.
SOURCES OF ADMINISTRATIVE LAW
The meaning of the sources of administrative law in this sense implies the origin and place where administrative law could be derived.
In this regard therefore we would examine the following sources;
i. Case Law: These are pronouncement and decision of judges or cases brought before them. Under the doctrine of judicial precedent, the judge is always concerned to lay down legal principles
To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. This lack of agreement concerning policymaking power of the Courts is bestowed within the discussion between judicial activism and judicial restraint. In general, these two philosophies represent the conflicting approaches taken by judges in their task of interpretation. Consequently, the Court’s decision could be framed in terms of activism or restraint by either changing or upholding public policy.
The rule of law is reflected as a core principle of our nation and vital to ordered liberty. To rightly govern the American rule of law it is essential to acknowledge the continuity between the American Declaration of Independence and the U.S. Constitution. The United States of America “government” is framed by these two important documents. The principles of the Declaration of Independence constitute the foundation of the government based on the universal equality of all human beings, and the U.S. Constitution founds the political process that is to be followed by the elected officials in governing the people. One cannot be without the other; both are essential for a stable government.
Also no state can deny any person of their equal protection rights. The laws of a state must treat an individual in the same manner as others in similar conditions or circumstances. Due process deals with the fair use or enforcement of laws. The Due Process clause protects any person of their
The government must comply with the fairness requirements of the Due Process Clause during each juncture
Introduction On October 1st 1960 , British rule over Nigeria as a colony ended, as well as most of its official structure. Nigerian leaders were left with the task of taking up the leadership of the Nigerian people from the British with a promise of democratic rule; however within fifteen years after independence various institutions experienced great changes bringing great instability and uncertainty to the newly founded government. Northern and Southern regions of Nigeria both felt the impacts in education, politics, religion and ethnically. This causes one to wonder what the British Imperialistic government did differently, and why the difference between the Southern and Northern region became so evident in the fifteen years after independence.
They had been enslaved and shipped to foreign continents to work for whites. A map shows the routes of the Trans-Atlantic Slave Trade; slaves were sent to North and South America and goods such as guns were sent from Europe to Africa to use against the natives (Document 9). In the beginning of the twentieth century, the British established indirect rule in Sokoto, located in Nigeria. Although it allowed for African officials to maintain their positions in the government, the British had control over which laws were executed (Spielvogel and McTighe 235). West African nationalist Sekou Toure stated, “Colonialism’s greatest misdeed was to have tried to strip us of our responsibility in conducting our own affairs and convince us that our civilization was nothing less than savagery...
In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
Questions: 1.How does the British educational system impose white European values onto the Igbo people? In what ways, do the British seek to eradicate the indigenous cultural values of the Igbo tribe through education? 2.Why did the British government impose such absolute values in the quest to eradicate Igbo identity in the Nigerian colonies? 3.In what ways does the British government seek to sublimate Igbo identity by a focus on a “primitive state” in the Igbo tribe?
In hard cases, judges are not legislating, as Hart’s positivists assert, they are inducing based on principle. Judges have a duty not only to apply the rules, but also to make sure that the legal system is consistent with the principles of the society. When judges are said to legislate, they are not making the rules but discovering them. [20] According to Dworkin understanding the role of the courts is to defend the rights of citizens from the likelihood of unfair rules or other circumstances in which the written laws do not satisfactorily defend their natural rights.
The rate of poverty and homelessness created a need for more economic opportunities. Colonies provided a chance for work and prosperity(Iweriebor, “The colonization of Africa”). Europeans lied to the Africans and made them sign what the Africans thought were peace treaties. Proverbs were among the many popular folkloric forms. Nigeria’s diverse past traditions provide many culture ideas(Gall, Hobby, “nigeria”).
Through the way that The Headstrong Historian portrays the topic of assimilation and the creation of the “Nigerian middle-class”, we are shown the historical accuracy of The Headstrong Historian. The British assimilated many Nigerians through education. Because of the many benefits to be gained from a European education, by the late 19th century, more and more Nigerians were taking
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
Government Government is a system of social control under which the right to make laws, and the right to enforce them, is given to a particular group in society. Government power can be held by one individual, a few, or a majority. Government come in different forms. The basic law determining the form of government is called the constitution and may be written, as in the United States, or largely unwritten, as in Great Britain.
In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding. Ratio decidendi should be distinguished from a judicial decision, as the latter is a wider concept and contains the ratio decidendi, whereas the former is a principle that carries the force of law. In another reference, Professor John Chipman Gray