Constitutions & Decision Rules

With a Case Study of Nigeria Since Independence

Policymaking • Point at which bills become law or

edicts are issued by rulers• Later, policies are implemented &

enforced• Government agencies are at the core

of policymaking– Legislatures– Chief executives– Bureaucracies– Courts– Political parties & interest groups might

articulate & aggregate interests, but don’t formulate policy proposals

Constitutions• Establish basic rules for

decision-making, rights, and distribution of authority in a political system

• Can refer to a specific document, but not necessarily• More a set of rules & principles – either written or in

custom • Written constitutions are important to the rule of law

– gov’t takes no action that hasn’t been authorized by law and citizens can be punished for actions that violate a law

Making a Constitution• Most current constitutions were formed as result of a break with the

past – war, revolution, or rebellion against colonial rule• New decision rules were made to accommodate new internal or

external powers• Much experimentation since WWII

– New states formed with breakup of colonial empires– End of Cold war produced new round of constitutional design

• Britain unusual – no written constitution, just long accepted & highly developed set of customs buttressed by ordinary statues

• Most significant exception to association between disruptive upheavals & constitution creation is development of the European Union constitution– Developing for past 50 years– Powers affect about 460Million Europeans in 27 countries– No violence

Decision Rules• Constitutions contain basic rules governing

how decisions are made• Policymaking is the conversion of social

interests & demands into authoritative public decisions– Constitutions establish rules by which this

happens– Confer power to propose policies on certain

institutions or groups

Decision Rules Continued• Affect political activity by determining what resources are

valuable in influencing decisions & how to acquire them– Example in the US: pressure group may have to approach both the

legislative & executive branches at the state and federal levels

– Example in Military Dictatorship: influence crucialpolicymaker – commander or central committee

• Different decision rules have different attractions– More inclusive rules can protect against hasty

decisions– Prevent decisions that disadvantage large minorities of voters– Can give minorities power to block proposals of a majority– Less inclusive decision rules make it easier to reach a policy, but

many interests may be ignored

Decision Rules in a Comparative View

• Government as a whole and institutions have decision rules

• May be simple or complex• Example: US Congress has different

rules that apply under different circumstances. British House of Commons uses smaller set of rules

• Decision rules may be more or less formal and precise

• Most legislatures have formal decision rules, whereas cabinets often have informal, flexible rules

Policymaking Process• Numerous rules affect policymaking process within any given branch of

government or institution• Most modern assemblies have egalitarian voting rules – all members have

equal voting power• Decision-making is hierarchical in dictatorships or government departments

(ministries) where everyone defers to his superior• Inclusiveness shapes outcomes

– Simple Majority Voting: choice between two options, with whichever gets more votes wins

– Qualified Majority Voting: more inclusive rule like 3/5, 2/3, or ¾ required for important decisions

– Most inclusive: unanimity• Important that decision rules are transparent & stable in a democracy

– If not, citizens don’t know what to expect– Less trusting willing to invest or make other commitments– Lead to serious conflicts– “A bad set of rules is better than no rules at all” – Thomas Jefferson

Case Study: Nigeria• Nigeria has had several constitutions since independence from Great Britain• Intermittent attempts at democracy falls to military rule• Colonial Era 1914-1960

– Enacted by order in council when country was a crown Colony– In 1946, the Richards Constitution kept power in hands of the Governor-General, but provided

an expanded Legislative Council to deliberate on matters affecting the whole country– Separate legislative bodies were established in 3 regions to

consider local questions & advise lieutenant governors– Intensified regionalism

• Independence Constitution 1960– Enacted by a British order in council so as to come into force

upon independence– Retained Queen Elizabeth II as head of state

• First Republic – 1963 Constitution– Established country as a federal republic– Based on the former Westminster System & continued until a military coup overthrew

democratic institutions in 1966• Overthrew Prime Minister, then the major general was overthrown & murdered, and then that successor

was overthrown in 1975• Turbulent times!• Obasanjo handed power to the elected Shehu Shagari, ending military regime, in 1979

Nigerian Constitutions• Second Republic – 1979 Constitution

– Abandoned Westminster system in favor of American-style presidential system with directly-elected executive

– Mandated political parties & cabinet positions reflect the federal character of the nation– Returned to military rule in 1983

• Shagari overthrown in bloodless coup• Muhammadu Buhari appointed Chairman of the Supreme Military Council of Nigeria and its Commander-in-Chief

(overthrown in 1985)• General Ibrahim Babangida appointed himself President of the Armed Forces Ruling Council of Nigeria & promised a

return to democracy… but that didn’t really happen

• Third Republic – 1993 Constitution– Intended to see return of democratic rule to Nigeria

• Babangida temporarily handed power to interim head of state Ernest Shonekan, as promise to return to democracy• Shonekan overthrown by General Sani Abacha 2 months later

– Never fully implemented– Military resumed power from until 1999

• Abacha died in 1998• General Abdulsalami Abubakar took over & ruled until 1999 when Olusegun Obsanjo again became head of state, via

an election

• Fourth Republic – 1999 Constitution– Restored democratic rule to Nigeria

• Obsanjo elected & ruled until 2007• Umaru Musa Yar’adua ruled until his death in 2010• Since 201 : Goodluck Jonathan

– Remains in force today

Extension Activity• Read the Fundamental Principles of the Nigerian

Constitution• Highlight items that:– Mirror features in the United States– Directly respond to previous military rule– Directly respond to colonial rule

• Critical Thinking: What elements of Nigeria’s past impacted its current Constitution?