AN APPRAISAL OF THE CONSTITUTIONAL FRAMEWORK FOR LAWMAKING INSTITUTIONS IN SELECTED FEDERAL STATES

UC KALU, Angela E. OBIDIMMA, Oscar Primus Chiduziem MBAERI

Abstract


This study did an appraisal of the Constitutional frameworks for lawmaking institutions in selected federal jurisdictions, namely, Nigeria, United States of America and India. It examines the operations of the lawmaking institutions like the legislature, the executive and the judiciary with an emphasis on their constitutional powers to make laws. It was discovered that based on the practice of separation of governmental powers, the constitutional provisions have erroneously been interpreted that it is the legislature as a lawmaking institution that has the vires to make law. As such, the executive and the judiciary in the selected federal states under study do not enjoy constitutional authorisation to make laws. This study attempted to respond to the issue drawing from the constitution, judicial opinions and scholarly articles from these selected federal jurisdictions.

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