Constitutional Democracy
Constitutional democracy is a combination of two words ‘constitution’ and ‘democracy’. Though
the two concepts have different meanings, they augment each other in ensuring smooth running
of government. By constitution, we mean rules and regulations reflecting the customs and
traditions of a group of people determining the fundamental political principles of a government.
This means constitution is fundamental to any organization, most especially in a democratic
setting. Democracy is defined as a governing system in which the ruling power belongs to the
people directly or indirectly. It is government of a community in which all citizens, rather than
favored individuals or groups, have the right and opportunity to participate. In a democracy, the
people are sovereign. The people are the ultimate source of authority.
In a constitutional democracy the authority of the majority is limited by legal and institutional
means so that the rights of individuals and minorities are respected. This is the form of
democracy practiced in Germany, Israel, Japan, the United States, and other countries. In
democratic principles are embedded in the constitution of the state. Similarly, the constitution
spells the procedures, such as periodic elections, the term of office of representatives in
government, their powers, the delegation of power and their code of conducts and proceedings.
Nigeria’s political system operates constitutional democracy since all her democratic processes
are guided by the constitution of the Federal Republic of Nigeria.
Characteristics of Constitutional Democracy
Constitutional democracy is the antithesis of arbitrary rule. It is democracy characterized by:
1. Popular sovereignty: The people are the ultimate source of the authority of the
government which derives its right to govern from their consent.
2. Majority rule and minority rights: Although "the majority rules," the fundamental
rights of individuals in the minority are protected.
3. Limited government: The powers of government are limited by law and a written or
unwritten constitution which those in power obey.
4. Institutional and procedural limitations on powers: There are certain institutional and
procedural devices which limit the powers of government.
5. Basic rights: Protection of certain basic or fundamental rights is the primary goal of
government. These rights may be limited to life, liberty, and property, or they may be
extended to include such economic and social rights as employment, health care and
education.
6. Privacy and civil society: Constitutional democracies recognize and protect the integrity
of a private and social realm comprised of family, personal, religious, and other
associations and activities. This space of non-coerced human association is the basis of a
civil society free from unfair and unreasonable intrusions by government.
Institutional and Procedural Limitations on Powers
1. Separated and shared powers: Powers are separated among different agencies or
branches of government. Each agency or branch has primary responsibility for certain
functions such as legislative, executive, and judicial functions. However, each branch
also shares these functions with the other branches.
2. Checks and balances: Different agencies or branches of government have adequate
power to check the powers of other branches. Checks and balances may include the
power of judicial review, the power of courts to declare actions of other branches of
government contrary to the constitution and therefore null and void.
3. Due process of law: Individual rights to life, liberty, and property are protected by the
guarantee of due process of law.
4. Leadership succession through elections: Elections ensure that key positions in
government will be contested at periodic intervals and that the transfer of governmental
authority is accomplished in a peaceful and orderly process.
Advantages of Constitutional Democracy
1. Legitimacy
2. Supremacy of the constitution
3. Choice of political leadership
4. The rule of law
5. Political stability
6. Elimination of tyranny
Disadvantages of Constitutional Democracy
1. Corruption and election malpractices
2. Slow decision making process
3. Ignorance and inadequate political information
4. Too expensive
5. Manipulation by the few
6. Absence of flexibility
