2023Beijing Law ReviewOpen access

The Prospective Nexus between Constitutionalism, the Rule of Law and Democratic Good Governance: The Nigerian Experience

Kesiena Urhibo

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Abstract

Nigeria could be described as having a constitutional government just like many other African countries. This paper therefore strives at assessing the impact of constitutionalism and the rule of law on good governance in Nigeria. In order to ensure good governance, it also analyses the elements and dynamics of constitutionalism and the rule of law by carefully asserting that every democratic government derives its legitimacy from its constitution. This paper adopts a doctrinal approach based on traceable variables in Nigeria that tend to militate against constitutionalism, the derivatives of constitutionalism, rule of law and democratic good governance. In spite of challenges militating working against its full entrenchment, this paper asserts that Nigeria’s constitutionalism is an ever evolving one and that there is a substantial connection between Nigeria’s constitutionalism, the rule of law and good governance. The implementation of true constitutionalism, the rule of law and democratic good governance in Nigeria is suggested in some broad terms.

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What this paper is about

Nigeria could be described as having a constitutional government just like many other African countries. This paper therefore strives at assessing the impact of constitutionalism and the rule of law on good governance in Nigeria. In order to ensure good governance, it also analyses the elements and dynamics of constitutionalism and the rule of law by carefully asserting that every democratic government derives its legitimacy from its constitution. This paper adopts a doctrinal approach based on traceable variables in Nigeria that tend to militate against constitutionalism, the derivatives of constitutionalism, rule of law and democratic good governance. In spite of challenges militating working against its full entrenchment, this paper asserts that Nigeria’s constitutionalism is an ever evolving one and that there is a substantial connection between Nigeria’s constitutionalism, the rule of law and good governance. The implementation of true constitutionalism, the rule of law and democratic good governance in Nigeria is suggested in some broad terms.

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Available abstract

Nigeria could be described as having a constitutional government just like many other African countries. This paper therefore strives at assessing the impact of constitutionalism and the rule of law on good governance in Nigeria. In order to ensure good governance, it also analyses the elements and dynamics of constitutionalism and the rule of law by carefully asserting that every democratic government derives its legitimacy from its constitution. This paper adopts a doctrinal approach based on traceable variables in Nigeria that tend to militate against constitutionalism, the derivatives of constitutionalism, rule of law and democratic good governance. In spite of challenges militating working against its full entrenchment, this paper asserts that Nigeria’s constitutionalism is an ever evolving one and that there is a substantial connection between Nigeria’s constitutionalism, the rule of law and good governance. The implementation of true constitutionalism, the rule of law and democratic good governance in Nigeria is suggested in some broad terms.

Key concepts: Constitutionalism, Rule of law, Constitution, Democracy, Corporate governance, Nexus (standard), Law, Legitimacy

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