Government 2nd Term Year 10 Lesson Note
Government 2nd Term Year 10 Lesson Note
SCHEME OF WORK
WEEK 1: Presidential System of Government
WEEK 2: Parliamentary System of Government
WEEK 3: Monarchy and Republican Government
WEEK 4: Military Government
WEEK 5: Constitution and Constitutionalism
WEEK 6: The Structure and Organization of Government
Mid-Term
WEEK 8: Some Basic Principles of Government: Rule of Law and Fundamental
Human Rights
WEEK 9: Separation of Power/Checks and Balances
WEEK 10: Representative Government/Political Participation
WEEK 11: Centralization and Decentralization of Government
Questions:
1. one of these countries operates collegial executive
a. Britain
WEEK 10: STRUCTURE AND ORGANISATION OF GOVERNMENT: THE
JUDICIARY
LESSON OBJECTIVES
a. Meaning and characteristics of judiciary
b. The functions/powers of the judiciary
c. Independence of the judiciary and factors that can secure it
The Judiciary is an arm of government that interprets the law and adjudicates
cases. It asserts meaning to law and administers justice in a state. Judges are
appointed by the executive on the advice of the judicial service commission
and can only be removed on the grounds of proven misconduct and after due
process of enquiry.
CHARACTERISTICS OF THE JUDICIARY
1. Impartiality
2. Political neutrality
3. Permanence
4. Independence
5. Professionalism
6. Stability of tenure of office
7. Judicial immunity
8. There is a prescribed code of conduct that guides its activities
FUNCTIONS OF THE JUDICIARY
1. The judiciary interprets the law in the state including the constitution
and acts of parliament
2. It punishes law offenders
3. It settles disputes between aggrieved parties e.g. Individuals, corporate
bodies, government etc.
4. It reviews the actions of both the legislative and the executive through
judicial review
5. It makes laws through judicial precedents and pronouncements
6. It performs ceremonial functions e.g. the administration of oath of office
7. It preserves fundamental human rights
8. It compels the executive to perform its duties
9. It performs administrative functions such probating wills, management
of estates in the interest of minors etc.
JUDICIAL REVIEWS
A judicial review refers to the power of the court (judiciary) to determine if
actions of other arms of government are in accordance with the provisions of
the constitution, if otherwise can declare such act unconstitutional, null and
void.
INDEPENDENCE OF THE JUDICIARY
This refers to the freedom of the judiciary to administer justice without
interference or control from the other arms of government or the rich on the
society. It can also imply impartiality of the judges, absence of external
influence and lack of bias in adjudicating cases by courts
FACTORS THAT ENSURE JUDICIAL INDEPENDENCE
1. The appointment of judges should be based on the recommendation of
independent/impartial body
2. Judges should enjoy the security of tenure i.e. a fixed tenure
3. Appointment, selection and promotion of judges should only be on
merit
4. Appointment of judges should also be based on personal integrity
5. The salaries of the judges should be paid from consolidated funds and
their remuneration should be adequate
6. The judges should be politically neutral and non-partisan
7. The judges are to enjoy immunity in respect of official acts
8. Decisions of the judge are not subject to changes by other arms of
government
9. Adequate security shall be provided for the judged within and outside
the court