DEMOCRACY

Defining democracy
The term democracy is derived from the Greek word democratia, which is formed from two
word Demos, which means ‘people’ and Kratas which means ‘rule or power’. The term therefore
means the rule of the people. Democracy is a form of government where the political decisions
are directly in the hands of citizens. The majority are the ones who rule. One of the great
American presidents, Abraham Lincoln, is best remembered for his classic definition of
democracy: ‘a government of the people, for the people and by the people’. In practice, however,
democracy takes on very diverse forms. Thus, to define a specific system of government as a
democracy, it needs to have certain major aspects. The following are main aspects of real
democracy.

Political aspect
The political aspect of democracy refers to a system of government as a share. The consent of the
governed is sought when making political decisions. The people’s consent is expressed directly
or indirectly through their elected representatives. Under this aspect, democracy means, a
government by discussion and public opinion.

Social aspect
The social aspect of democracy stresses the value of human dignity. Democracy is viewed as a
way of life in which every individual is free to organize his own lifestyle, hold and express
opinions, move about and enjoy the company of others, and also join associations. Human beings
are to choose their own life and also give others a chance to choose theirs.

Economic aspect
The economic aspect of democracy aims at providing equal opportunities to all citizens and
seeks to eliminate exploitation of humans by fellow humans. Means of production are therefore
nationalized and other methods applied to reduce the inequalities between the rich and the poor.
In countries where there are democratic governments in place, the rights of the citizens are
guaranteed.

Types of democracy
There are various types of democracy that are practiced in various parts of the world. In some
countries, more than one type of democracy is practiced. The following are the main types of
democracy found across the world.

Direct or pure democracy

This is a type of democracy where the people are directly involved and participate in decision
making. Direct involvement of the people is seen to be very important in decision making,
especially in the making of the laws because those laws affect their lives. This type of democracy
is advantageous in the short term because the laws made are easily accepted by all the people.
The people governed by those laws feel that they own the laws themselves and they easily
understand and obey them. This type of democracy is most suitable in smaller organizations.
This form of democracy was in use in ancient Greece which was a city-state. It was confined to
only one city and its rural surrounding.

Indirect or representative democracy

In a representative democracy, the citizens exercise their right in decision making not directly as
individuals, but through their agreed representatives. The citizens choose these representatives
themselves. The representatives are accountable to those who have chosen them. Parliament acts
as the basic institution in this type of democracy. The elected may decide or are mandated to act
on their own without necessarily consulting those who elected them. They are believed to be
working for the best interests of the electorate.

Under indirect democracy, the elected may do the following to assist in administration.

Appointment
Here, those who are elected are allowed to make appointments of persons to fill other positions,
e.g. appointing cabinet ministers and other senior government officials on behalf of the people.

Nomination
This is the hand-picking of additional representatives to join those who have already been
elected. This is not too different from appointment.

Constitutional democracy
In making a decision, the rights and the power of the majority are exercised but within the limits
of the constitution. The minority rights however are guaranteed, e.g. the freedom of expression,
association and worship. It is also referred to as liberal democracy. Constitutional democracy
ensures that the rights of the minority are not undermined. It balances coalition and majority rule
by minority and individual rights. Liberal democracy is a form of representative democracy.

Merits of democracy
Democracy has been in existence for long in the history of humankind Democracy is believed to
be a fair system of government. The following grounds are used to defend democracy.
1. It is the most popular form of government since it is founded on the consent of the
people. The leaders cannot ignore the people from whom they get their power to govern.
2. It recognizes equality among all the people irrespective of the colour, gender or religious
beliefs. Democracy is against the aristocratic principle that says that some are born to
govern and others to be governed. It advocates equality before the law. Therefore,
regardless of one’s background, in a democratic environment, anyone can rise to power.
3. Democracy has a moral and educative value. A democratic government helps individuals
to develop their personality. It presumes that a certain degree of intelligence, honesty and
 discipline is within people. Democracy develops the initiative of the people and their
sense of responsibility.
4. It balances the liberty of the individual with the power of the State. The State in a
democracy makes laws based on the consent of the people and the people obey the laws
willingly. The people don’t feel that their liberty is curtailed unnecessarily.
5. Democracy promotes patriotism and reduces the chances of a revolution. The people feel
that they are part of the ruling system and that the welfare of the State is their welfare.
6. It promotes peace in the country. Democracy advocates for peaceful co-existence and
therefore people develop a sense of cooperation. When extended beyond the border of a
country, it promotes international understanding.

Demerits of democracy
Though democracy is viewed favourably as mentioned above, it also has its weaknesses.
These include:
1. It promotes dictatorship by the majority. This means that the political, economic, social
and cultural interests of the minority are ignored by the majority government. This is
often because the majority government has an obligation to fulfil its election pledges to
please the multitude of supporting electorate.
2. It encourages class struggle and corruption. In most cases, it is only those who possess
money and can engage in intensive campaigns who get elected since they can influence
the voters. Once elected, they form the government and pass the laws that protect their
interests.
3. A democratic government is often slow and wasteful. Consultations have to be made
when making a decision. Often, the views of the majority must be sought. Time and
public resources are used in the process.
4. It is not easy to find an honest, sincere man of good moral character being elected. This
therefore leads one to question its ethical value.
5. It may perpetuate incompetence. This is because it is the numbers that matter when
choosing a leader. The leadership qualities that a candidate seeking election may possess
are usually not taken into account. If the majority of the electorate are ignorant, they will
make a poor decision in electing and therefore unknowingly promote incompetence.
6. Although democracy is regarded as the rule of the majority, in practice, it is the elected
minority who rule. This is because the common man has no proper understanding of the
problems the country may be facing and the solutions to those problems. Democracy
therefore is seen as a form of dictatorship by the informed or elected minority.

Principles of democracy
As we have already seen, democracy is a government of the people, by the people and for the
people. There are five principles of democracy. A principle can be defined as a basic truth, or a
general law. Therefore, in the absence of these basic truths democracy will not function as it
should.
The five principles of democracy include:
1. Freedom of speech, debate and enquiry. These freedoms are an important aspect of
democracy because it is essential to open debate among the citizens. This is the basic of a
healthy political culture among a group of people. In such an atmosphere people can
express their views without fear. By so doing, problems experienced by the community
are highlighted.
2. The second principle of democracy is the participation of the people as a whole in their
government on a perpetual basis through free, fair and regular elections. The government
should be the servant of the people and not their master. Its job should be to listen,
respond and deliver that which is demanded by the people. This would also imply that
democracy is based on consent. If the government fails to satisfy people’s expectations,
they can withdraw their consent.
3. Democracy needs to have an open and accountable mass media. It is essential that people
know those behind the media and their agenda. The media must also be held accountable
to the public so that when the latter requires a remedy, for instance in case of inaccurate
information, the media can be accountable. In the same way, media monopolies should
not be allowed to develop.
4. Economic democracy. Economic democracy implies the industrialization of economic
power so that individuals and communities can be economically empowered. Economic
democracy empowers the people with the means of creating and controlling their own
wealth.
5. Equality before the law. This principle implies that judgement should be made in
accordance with a written law, rather than in an arbitrary manner. Secondly, there should
equality before the law. This implies that each citizen has an equal ability to seek and
receive justice.
 HUMAN RIGHTS
Most constitutions of countries with democratic governance have a section that deals with
human rights. This is because human rights are very essential for the promotion of democracy. In
this sub-topic we are going to define human rights before we discuss the UN Charter on human
rights, the Kenyan Bill of Rights, and its application to specific groups of people in Kenya.

Human rights can be defined as entitlements or the legal claims that universally belong to
people from the time they are born regardless of sex, race, tribe, language, place of origin, age or
political beliefs. The Bill of Rights creates clear obligations on the government to protect and
promote fundamental rights. It is normally one of the most entrenched part of the constitution.
This is because of its significance in the protection of the citizens.

Justification for rights

Human rights are important for a number of reasons.
1. Rights are necessary for human beings to achieve a dignified life, fulfil their potential and to
satisfy both their physical and spiritual needs.
2. Rights are inherent to human beings. One has rights purely because they are human. They
are not granted by the State as stated in the Ugandan Constitution, article 20 (1).
3. Rights empower citizens and residents by giving them control in decision making organs of the
State. They ensure that human beings have a voice when standing against the violation of their
vital interests by the State.
4. Rights justify special treatment of minorities and other special or disadvantaged groups or
communities.
5. They provide guidance to organs of State regarding the exercise of State power.
6. Rights such as the right to vote, freedom of expression and of press ensure the public
access the necessary information necessary for the protection of democracy, including ensuring
the accountability of public authorities
7. Respect for human rights limits internal and external conflicts and strengthens national unity,

Classification of human rights

Human rights can be classified into the following:
1. Civil and political rights.
2. Social, economic and cultural rights
3. Solidarity rights (rights pertaining to the whole community).

Civil and political rights

Civil and political rights ensure a secure space for the individual to pursue their values and interests.
They are aimed at limiting state intervention in their personal lives. These rights include the right
to vote, right to think and to have access to information. Without these rights, one cannot enjoy other
human rights.

Social, economic and cultural rights

These rights require the State to take specific action to facilitate their enjoyment. The State is expected
to pursue policies that enable individuals, families or groups to earn a living and provide basic
needs including education and medical care for themselves.

These rights include the right to own property, right to work, right to start or found a family and
the right to education. Economic rights are to do with the production, development or the management
of material wealth for the provision of basic needs.

Solidarity rights
These are rights that focus on the whole country. These rights require the State to pursue policies
which do not destroy natural resources or waste financial resources but instead create conditions
for peaceful and consensual living, and establish opportunities for individuals and groups to
pursue economic and social interests in fair and conducive environments.

These rights include the right to a clean, healthy and sustainable environment, peace, and
development.

Monitoring human rights

The monitoring of human rights should be undertaken by the following special groups:
• The law enforcement officers (police).
• Lawyers and judges and other professionals including teachers.
• Trade unions.
• Journalists.
• Religious organizations.
• Associations and special commissions, e.g. business associations, women groups, the Kenya
National Human Rights and Equality Commission (KNHREC), among others.

The purpose of monitoring human rights is to make sure that they are not violated at any one stage, and
to ensure that they are respected..

Characteristics of human rights

1. They are universal. This means that human rights apply equally to everyone by virtue of being a
human being.
2. Human rights are indivisible, hence one right cannot be applied if the other does not exist. They
are inherent.
3. Human rights have limitations. As much as everyone is free to enjoy their rights, they should
respect the rights of other people.
4. Derogation of human rights. The application of human rights may be suspended if
circumstances dictate, e.g. during war, or during a disease outbreak like ebola or other
contagious diseases, one may be denied the right to freedom of movement.

United Nations Charter on human rights

The United Nations Charter on human rights reaffirms the fundamental human rights and also
the worth and dignity of all human beings. In the Charter, the equality of the rights of all men and
women have been reaffirmed. The determination to promote social progress and better living
standards and more freedom has also been reaffirmed. The human rights for all are contained in the
Universal Declaration of Human Rights. This document was adopted by the United Nations General
Assembly on 10th December 1948.

Member states that signed the document were supposed to publicize the declaration, in their
countries and also expound on the principles contained in it. The following basic human rights are
contained in the Universal Declaration of Human Rights. Each person is entitled to them by virtue of
being a human being.
1. All human beings are born free and equal.
2. Everyone is entitled to all the rights and freedoms set forth in this declaration without
discrimination of any kind on the basis of race, colour, sex, language, religion, political or
other opinion, national or racial origin, property, birth or any other status.
3. Everyone has a right to life, liberty and security.
4. No one should be held in slavery or servitude.
5. No one shall be subjected to torture, inhuman or degrading treatment, or punishment.
6. Everyone has a right to recognition as a person before the law.
7. All are equal before the law and are entitled, without any discrimination, to protection
against any discrimination and against any incitement to such discrimination.
8. Everyone has a right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted by the law.
9. No one shall be subjected to arbitrary arrest, detention or exile
10. Everyone has a right to a fair und public hearing by an independent and impartial tribunal
in the determination of one's rights and obligations.
11. Everyone charged with a penal offence has a right to be presumed innocent until proven
guilty in a court of law with necessary provision for proper defence.
12. Everyone has a right to the protection of the law against interference or attacks against
one's privacy, home or correspondence.
13. Everyone has a right to freedom of movement and residence within the borders of each
State.
14. Everyone has a right to seek and to enjoy, in other countries, asylum from prosecution. This
right should be enjoyed only for political reasons, e.g. when one is politically persecuted. A
person may be denied asylum if seeking it after having committed a crime in one country and
seems to be hosted in another country. One can be deported from a country back to their own if
found to be a criminal.
15. Everyone has a right nationality. One is also free to change nationality.
16. A man and a woman of full age, without any limitation due to race, nationality or religion,
have a right to marry and to start a family. The institution of marriage shall be entered into
only with the free and full consent of the intending spouses.
17. Everyone has a right to own property alone as well as in association with others.
Property shall not be taken away by the State without proper compensation being offered.
18. Everyone bus a right to freedom of thought, conscience and religion.
19. Everyone has the freedom of opinion and expression.
20. Everyone has a right to freedom of peaceful assembly and association.
21. Everyone has a right to take part in the governing of their country directly or through
chosen representatives. One should have free access to public services such as health services,
education and other social services, provided by the government.
22. Every member of a society has a right to social security.
23. Everyone has a right to work, to free choice of employment, to just and favourable
conditions of work and protection against unemployment. As a worker, one is free to join or
form trade unions with others to ensure fair working conditions.
24. Everyone has a right to rest and leisure, which includes reasonable working hours and
periodic holidays with pay.
25. Everyone has as right to a standard of living adequate for the health and well-being of
oneself and of family, e.g. food, clothing, housing and medical care, and essential social
services. Everyone has the right to security in the event of being injured at work, disability,
old age, or in other circumstances beyond one's control that may deprive one of a means of
livelihood.
26. Everyone has a right to education. Elementary education shall be compulsory.
Technical and professional education shall be made generally available, and higher education
shall be equally accessible to all on the basis of merit.
27. Everyone has a right to freely participate in the cultural life of the community, to enjoy the
arts, e.g. drama, music, dance, and to share scientific advancement and its benefits.
28. Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this declaration can be fully realized. Order means a condition where laws
and rules are obeyed. With order, the rights and freedoms that are set in the Charter can be fully
realized.
29. Duties to the community. Despite the rights stated above, every person has various duties
to the community in which they live.-These duties enable a person to develop their personality. By
fulfilling these duties, the other people in the community are able to enjoy their rights.

In exercising and enjoying the rights stated above, one should be aware of the limits that
are attached to each right and freedom. These limitations are determined by law and the
purpose of the limitations is securing and respecting the rights and freedoms of others.
They are also aimed at maintaining morality, public order and general welfare of the society.

Importance of the UN Charter on human rights

The vision outlined in the UN Charter for human rights and in the Universal
Declaration of Human Rights is that everything we do in the governance of human affairs
must have in view the promotion and protection of basic human rights. Kofi Annan, the then UN
Secretary-General remarked that: "The United Nations must place people at the centre of
everything it does," hence the need to respect fundamental human rights.

The current challenges facing the international community are such that without
respect for human rights and fundamental freedoms, the attainment of lasting peace would
be impossible and human security would remain an illusion. Without human rights, the United
Nations cannot accomplish its mission. The UN Charter on human rights contains
individual's entitlements that should be guaranteed by the nations of the world.

The declaration proclaims that respect for human rights is the foundation of freedom, justice
and peace in the world. It equally provides for basic guarantees regarding food, health,
education, and housing, protection of the family, democracy, participation, the rule of law and
protection against enslavement, torture, cruel or inhuman or degrading treatment or
punishment. These rights and fundamental freedoms must be respected, assured and
protected if the individual is to be secure, to develop to the fullness of his or her potential, and
to breathes the air of liberty. The importance of the UN Charter on human rights include;

1. Establishment and maintenance of peace and security

Security requires the protection of human right. For example, conflicts cannot be prevented
or peace maintained in a world full of human rights violation. Indeed, national security and
international security cannot be achieved without respect for

CONSTITUTION: MEANING, TYPES AND IMPORTANCE OF CONSTITUTION

Constitution is the supreme law of each State. It lays down rules regarding the organisation,
powers and functions of government. It also defines the basic features of the State and the
relation between the citizens and the State.

Constitution: Meaning and Definition:

In simple words, we can say a Constitution is the constitutional law of the state. Constitutional
law enjoys the position of being the supreme and fundamental law of the state. It lays down the
organisation and functions of the government of state. The Government can use only those
powers which the Constitution grants to it.

1. "Constitution is the collection of principles according to which the powers of the government,
the rights of the governed and the relations between the two are adjusted. -Woolsey

2. "Constitution is a body of judicial rules which determine the supreme organs of state,
prescribes their modes of creation, their mutual relations, their spheres of action and the
fundamental place of each of them in relation to state." -Jellinek
3. " Constitution of a state is that body of rules or laws, written or unwritten which determine the
organisation of government, the distribution of powers to the various organs of government and
the general principles on which these powers are to be exercised." -Gilchrist

On the basis of these definitions it can be said that the Constitution is the sum total of the
constitutional laws of the state.

It lies down:

(1) Organisation and powers of the government;

(2) Principles and rules governing the political process;

(3) Relations between the people and their government; and

(4) Rights and duties of the people.

(5) The procedure of the amendment of the constitution

The government of state gets organised and works in accordance with the provisions of the
Constitution. People get their rights protected from the constitution. No one, not even the
government, can violate the Constitution.

TYPES OF CONSTITUTION:

1. Written Constitution:

A written constitution means a constitution written in the form of a book or a series of

documents combined in the form of a book. It is a consciously framed and enacted constitution.
It is formulated and adopted by a constituent assembly or a council or a legislature.

Garner writes, "A written constitution is a consciously planned constitution, formulated and
adopted by deliberate actions of a constituent assembly or a convention." It provides for a
definite design of government institutions, their organisations, powers, functions and inter-
relationships.

It embodies the constitutional law of the state. It enjoys the place of supremacy. The government
is fully bound by its provisions and works strictly in accordance with its provisions. A written
constitution can be amended only in accordance with a settled process of amendment written in
the constitution itself. It is a duly passed and enacted Constitution. The Constitutions of India,
the USA, Germany, Japan, Canada, France, Switzerland and several other states, are written
constitutions.

2. Unwritten Constitution:

An unwritten constitution is one which is neither drafted nor enacted by a Constituent Assembly
and nor even written in the form of a book. It is found in several historical charters, laws and
conventions. It is a product of slow and gradual evolution. The government is organised and it
functions in accordance with several well settled, but not wholly written rules and conventions.
The people know their Constitution. They accept and obey it, but do not possess it in a written
form. An unwritten constitution cannot be produced in the form of a book.

However, an unwritten constitution is not totally unwritten. Some of its parts are available in
written forms but these do not stand codified in the form of a legal document or a code or a book.
According to Garner, "an unwritten constitution is one in which most and not all, rules are
unwritten and these are not found in any one charter or document."

The Constitution of the United Kingdom is an unwritten constitution.

Difference between Written and Unwritten Constitutions:

(1) A written constitution is written in the form of a book or document, whereas an unwritten
constitution is not written in such a form.

(2) A written constitution is a made and enacted by a constituent assembly of the people. An
unwritten constitution is the result of a gradual process of constitutional evolution. It is never
written by any assembly.

(3) A written constitution is usually less flexible than an unwritten constitution. An unwritten
constitution depends mostly on unwritten rules or conventions which do not require any formal
amendment.

(4) A written constitution is definite. Its provisions can be quoted in support or against any
power exercised by the government. An unwritten constitution cannot be produced in evidence.
It has to be proved by quoting its sources and practices.

However, the difference between written and unwritten constitutions is not organic. A written
constitution has written parts in majority. Along with these, it also has some unwritten parts in
the form of conventions. In an unwritten constitution, most of the parts are unwritten and are not
written in the form of a book. However some of its parts are also found written in some charters
and other documents.

3. Flexible Constitution:

A Flexible Constitution is one which can be easily amended. Several political scientists advocate
the view that a flexible constitution is one in which the constitutional law can be amended in the
same way as an ordinary law. Constitutional amendments are passed in the same manner by
which an ordinary law is passed.

British Constitution presents a classic example of a most flexible constitution. The British
Parliament is a sovereign parliament which can make or amend any law or constitutional law by
a simple majority. Laws aiming to affect changes in a constitutional law or in any ordinary law
are passed through the same legislative procedure i.e., by a simple majority of votes in the
legislature. Similarly, a Constitution is flexible when the procedure of amending it is simple and
the changes can be made easily.

(A) Merits of a Flexible Constitution:

(i) First, a major merit of the flexible constitution is its ability to change easily in accordance
with the changes in the social and political environment of the society and state.

(ii) Secondly, it is very helpful in meeting emergencies because it can be easily amended.

(iii) Thirdly, because of its dynamic nature, there are less opportunities for revolt. The
constitution has the ability to keep pace with the changing times. The people do not feel the need
for revolutionary changes.

(iv) Finally, since the flexible constitution keeps on developing with times, it always continues to
be popular and remains up-to-date.

(B) Demerits of a Flexible Constitution:

(i) First, a flexible constitution is often, a source of instability. Flexibility enables the
government in power to give it a desired dress and content.

(ii) Secondly, it is not suitable for a federation. In a federation, a flexible constitution can lead to
undesirable changes in the constitution by the federal government or by the governments of
federating units.

4. Rigid Constitution:

The Rigid Constitution is one which cannot be easily amended. Its method of amendment is
difficult. For amending it, the legislature has to pass an amendment bill by a specific, usually big,
majority of 2/3rd or 3/4th. For passing or amending an ordinary law, the legislature usually
passes the law by a simple majority of its members.

A rigid constitution is considered to be the most fundamental law of the land. It is regarded as
the basic will of the sovereign people. That is why it can be amended only by a special procedure
requiring the passing of the amendment proposal by a big majority of votes which is often
followed by ratification by the people in a referendum.

The Constitution of United States of America is a very rigid constitution.

(A) Merits of a Rigid Constitution:

(i) First, a rigid constitution is a source of stability in administration.

(ii) Secondly, it maintains continuity in administration.

(iii) Thirdly, it cannot become a tool in the hands of the party exercising the power of the state at
a particular time.

(iv) Fourthly it prevents autocratic exercise of the powers by the government.

(v) Finally a rigid constitution is ideal for a federation.

(B) Demerits of a Rigid Constitution:

(i) First, the chief demerit of a rigid constitution is that it fails to keep pace with fast changing
social environment.

(ii) Secondly, because of its inability to change easily, at times, it hinders the process of social
development.

(iii) Thirdly, it can be a source of hindrance during emergencies.

(iv) Fourthly, its inability to easily change can lead to revolts against the government.

(v) Fifthly, a rigid constitution can be a source of conservativeness. It can grow becomes old
very soon because it cannot Keep pace with times.

Thus, there are both merits and demerits of Flexible and Rigid Constitutions. The decision
whether a state should have a flexible or a rigid constitution, should be taken on the basis of the
needs and wishes of society. No hard and fast rule can be laid down as to whether a state should
have a flexible or a rigid constitution.

In fact, a constitution must have both a certain degree of rigidity as well as an ability to change
for keeping pace with the changing times. An excessive rigidity or excessive flexibility should be
avoided. The Constitution of India is partly rigid and partly flexible. In several respects, it is a
rigid constitution but in practice it has mostly worked as a flexible constitution.

5. Evolved Constitution:

An evolved constitution is one which is not made at any time by any assembly of persons or an
institution. It is the result of slow and gradual process of evolution. Its rules and principles draw
binding force from the fact of their being recognised as ancient, historical, time-tested and
respected customs and conventions.

Some of these conventions get recognised by law and hence become enforceable while others are
followed because these are supported by public opinion, their practical utility and moral
commitment in their favour. Evolved Constitutions is the product of historical evolution and of
political needs and practical wisdom of the people. The Constitution of Great Britain presents a
key example of an evolved constitution.

6. Enacted Constitution:

An Enacted Constitution is a man-made constitution. It is made, enacted and adopted by an

assembly or council called a Constituent Assembly or Constitutional Council. It is duly passed
after a thorough discussion over its objectives, principles and provisions. It is written in the form
of a book or as a series of documents and in a systematic and formal manner. The Constitutions
of India the USA, Japan, China and most of other states are enacted constitutions.

Qualities of a Good Constitution:

1. Constitution must be systematically written.

2. It should incorporate the constitutional law of the state and enjoy supremacy.

3. It should have the ability to develop and change in accordance with the changes in the
environment and needs of the people.

4. It should be neither unduly rigid nor unduly flexible.

5. It must provide for Fundamental Rights and Freedoms of the people.

6. It should clearly define the organisation, powers, functions inter-relations of the government
of the state and its three organs.

7. It must provide for the organisation of a representative, responsible, limited and accountable
government.

8. It must provide for:

(i) Rule of Law

(ii) De-centralization of powers

(iii) Independent and powerful Judiciary

(iv) A system of Local self-government

(v) A Sound Method of Amendment of the Constitution

(vi) Process and Machinery for the conduct of free and fair elections

9. The Constitution must clearly reflect the sovereignty of the people.

10. The language of the constitution should be simple, clear and unambiguous

The Constitution must empower the judiciary with the power to interpret, protect and defend the
Constitution and the fundamental rights and freedoms of the people against the possible
legislative and executive excesses. These are the basic features which must be present in every
good Constitution.

IMPORTANCE OF CONSTITUTION:

Each state has a Constitution which lays down the organisation, powers and functions of the
Government of the State. The government always works according to the Constitution, no law or
order of the government can violate the Constitution. Constitution is the supreme law and all
government institutions and members are bound by it.

Constitution enjoys supreme importance in the state because:

1. It reflects the sovereign will of the people.

2. It lies down of the aims, objectives, values and goals which the people want to secure. .
3. It contains description and guarantee of the fundamental rights of the people.

4. It gives a detailed account of the organisation of the government. The organisation, powers
and functions of its three organs of the state and their interrelationship.

5. In a federation, the Constitution lays down the division of powers between the central
government and the governments of the federating states/provinces. It is binding upon both the
centre and the state governments.

6. It specifies the power and method of amendment of the Constitution.

7. It lays down the election system and political rights of people.

8. It provides for independence of judiciary and rule of law.

9. The constitution governs all and no one can violate its rules.

Every democratic Constitution guarantees to the citizens a protection against arbitrary

governmental actions. A democratic state, like India, has a written and supreme constitution
which binds all its people and their government.

ETHICS
Definitions
 System of moral principles
 Rules of conducts
 Science of morals
 Moral soundness
 It is a code or set of principles by which members live, regulated, guided in their
dealing with one another and those around them.
 Ethics are positive values and attitude in society
 Ethics refer what to what is morally acceptable (e.g. dress decently, eating and talking well).
 It is asset of principles by which men live e.g. we talk of medical ethics meaning the code
which regulates and guides the behavior of doctors in their dealing with each other and their
patients.
Christian ethics- We refer to the principles which prescribe the behavior of those who are
Christians such as the rules for conduct which are found in the commandments.
 Ethics is the nature of supreme good for persons in the society.
 According to ‘Kerbg’ Ethic is the science of moral duty designed to determine the ideal
human character and the ideal end of human actions.
 Ethics involves standard of right and wrong.
 It is about good and evil (refers to a situation that desired or preferred.
 It is about perception of “ought to” and “ought not’.
 Ethics is also about Egoism and Altruism. Egoism is about self or for your own benefit.
Altruism- this is concern with others.

What is a profession:
 A profession is an occupation of a special kind characterized by expertise resulting from
advanced education and especial training, self determination and public recognition. As a
professional, one is supposed to posses’ wide knowledge, skills and moral character that
differentiate one from the general public; so professional ethics are set of rules of conduct
expected from professional.

Important of Professional Ethics

 It acts as a guide (that show the direction one needs to take)
 Bring control and order
 It brings people consistently (steady & well defined pattern of doing thing)
 It brings people together (professional integrity).
 Standard of competency is set.
 Welfare of professional is protected (with it man has no value for human life and would not
serve human welfare in the long).
 Standard of behavior is set and well maintained.
 Discipline is enhanced.
 There is high competition.
 Responsibility is enhanced.
 Harmony is built.
 Help in balancing other values that are in conflict
Importance of Ethics
I. Social cohesion; It is the idea of coming together in a family, neighbor, country or
Nation. People are united by common objectives and goats. Each person strives to help
the other to be responsible. Each individual contribute positively in the overall welfare of
those around them.

II. Promote justice; justice is the habit of giving others what is their due so that they can
fulfill their duties and exercise their rights as person i.e.
 Rights to life
 Rights to cultural and moral goods
 Rights to material welfare
 Right to material possessions etc
 Everyone should do justice to the other e.g.
- Parents to their children
- Hospitals to patients
- Offices to their colleague
- Workmates and classmates etc.

III. Loyalty; this is total complete commitment. It is the acceptance of commitment and ones
relationship with people, institution, country, family e.t.c. It demands that every person
be prepared to defend and stand for the system of values in which she or he believes in.

IV. Truthfulness; This is a virtue of good habit of telling the truth whatever the cost; A
truthful person does what he or she thinks is right regardless of the consequences that
may befall him or her. A truthful person is not a afraid of calling an ice as vice and virtue
a virtue.
 V. Responsibility; It is a good habit of accepting the consequences of one’s action whether
such deeds are intentional or not and regardless on how those who are around you will
react or say. Such attitude is fostered so that others may benefit as much as possible from
our action and also to a void suffering e.g.
 Helping the aged, orphans, sick, contributing money for worthy causes such
person who needs to undergo surgery and other operation etc.

VI. Integration of society (without ethics society will collapse)

VII. Sense of security and stability.
VIII. Hope is built (people develop Aims and goals.
IX. Creation of visions and missions on various tasks.
X. Exploitation and corruptions ceases where there is ethics.

Vices

Assignment; identify them in a society and explain their consequences.

There will be a lot of insecurity if there is no ethics. Aimlessness, hopelessness, exploitation,
unnecessary killings etc.
How are values acquired, sustained and developed?
1. Family
2. Peer group
- Recognition
- To fit
- Acceptance
- To belong
3. Society- Mass media film, literature technological advancement, mobile internet etc.

In society, we have
- Check and balance
- Rule of law
- Punishment reward
- Judiciary
- Church
- Elders
- Traditional benefits and beliefs
N: B sustains the good values/traits and discards the irrelevant ones and live well with others in
the society.

Q. What is the significance of values to: (1) individual (11) society

Society – It becomes an admirable place to live in because it knows what is best for its people.
It’s cohesive and values acquired are beneficial to all. Society is therefore able to develop
economically politically, socially, spiritual and culturally.
Individual- Knows he virtues and vices and will emphasize on the virtues only because he knows
the benefit it will bring to him and society.

Ethics-refers to custom that are expected to be upheld by a man in a given set up.
Ethic systems – relates to what men should do in order to uphold some dignity in society. An
ethical action can be good or bad. Ethics covers the following;
 Professional ethics
 Religious ethics
 Philosophical ethics
Religious ethics – ethics that signifies a general way of life (pattern of life) e.g.
It is an ethical for a catholic priest to marry, drink, fight, cheat etc.

Philosophical ethics- An acquired way of life and rules of conduct by law what does the law
says? Can’t have 2 jobs.

PROFESSINAL ETHICS

Rules of conduct or the moral code expected from a professional.

IMPORTANCE OF P. ETHICS

1) Help the professional to achieve their goals and values while avoiding anything that may
endanger those values

2) Help in balancing other values that are in conflict.

3) Ensure that work is directed towards worthwhile goals and that the welfare of professional is
protected (without it, man as no value for human life and would not serve human welfare in
the long).

4) Professional integrity

5) Competition

6) Define what should be done and what shouldn’t (guide)

PRINCIPLE OF ETHICS
1) Objectivity: These are the goals an organization possess. These must be known by all
workers

2) Integrity:
Competence should be known workers should do jobs they are qualified for.

3) Respect of life and integrity – One’s performance shouldn’t go beyond his/her score. This
covers ones welfare, comfort, security. Working environment should be human enough
(sensitive).

4) Protection of workers from harm and dangers

This justifies insurance covers, right equipment for the workers or employees, medical, sick
leaves

5) Preservation of confidentiality pertaining to the workers and the work

Keeps secret of the work and individuals within the working place

6) Honesty and accountability-organization shouldn’t dissociate itself from the workers.

Workers should work honestly, responsibly and accountable. Shouldn’t engage in ideals that
may embarrass the organization e.g.

7) Upholding professional role

One should misuse his specialized knowledge skills, authority or role for personal
gainopotism unfair methods of operations that may seem crude enough to discredit ones
professional should be avoided.

8) Truthfulness in money handling or other sensitive issues- people should uphold their
integrity because it gives credit to ones record and company too.
9) Avoid distortion of information pertaining to work (workmates and organization).

10) Relevant authorities should be consulted to incase of clarification, amendment etc.

11) Standing committee members should interpret and enforce the codes of ethics all members
should understand the rationale behind them, it and their implication.

12) Freedom to the professional and its practice should be safe-guarded and the workers granted
the privilege to enjoy his freedom. However his freedom shouldn’t endanger that of others
in such a way that it ‘holds them at ransom’.

13) There should be provision as well as requirement for workers to be commitment to work.
These guarantee ones satisfaction at work- is very vital meaning that a satisfied worker will
contribute greatly in the organization.

THREE BRANCHES OF ETHICS

1. Ethics in work-place
 Here, look at several practices that often involve Question of ethics e.g. blaming and taking
advantage of an innocent worker, leaking confidential information, falsifying report.

Managers should set the ethical tone for company.

Employees must develop conscience and apply personal values and moral to events
e.g. should judge rightly on issues.
2. Education profession

Here the educator believes in the work and dignity of each human being, recognizes the
importance of truth, devotion to duty, and the nature of democratic principles.
 Also protection of freedom to learn and teach and guarantee equal educational
opportunity to all.
 Educator also accepts the responsibility to adhere to the highest ethical standards . The
code of ethics of the education profession indicates the aspiration of all the educators and
provides standard by which to judge conduct.

What are the principles of education profession?

 Commitment to the students
 Commitment to the profession

Class assignment:
Q1: Examine the concept of professional ethics and explain its importance in an organization

(10mks)
Q2: Describe five environmental issues and suggest possible measures to conserve them.

(10mks)