Justiciability_of_fundamental_objectives.pdf

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29 International Journal of Law ISSN: 2455-2194 Impact Factor: RJIF 5.12 Volume 3; Issue 5; September 2017; Page No. 29-37 Justiciability of fundamental objectives and directive principles of state policy: Under the 1999 Nigerian constitution Nwauzi Linus Department of Law, Aligharh Muslim University, Aligharh, Uttar Pradesh, India Abstract The Constitution of the Federal Republic of Nigeria 1999 as amended in chapter 2 provides for Fundamental Objectives and Directive Principles of State Policy, which substantially contains socio-economic rights. The Constitution in section 6(6)(c) declared chapter 2 as non-justiciable. This article examined the general argument for and against the justiciability of socio- economic rights embedded in the said chapter 2, and also examined the reasons that influenced the makers of the Constitution to adopt the non-justiciability approach to the Directive Principles. The article argues that the non-justiciability of chapter 2 is not total considering item 60(a) of Schedule II part 1 of the Constitution, and the African Charter on Human and Peoples Rights which has been domesticated by Nigeria. The paper concluded that the Directive Principles are like welfare legislations, therefore the Nigerian Judiciary should adopt a liberal and dynamic approach like the Indian Judiciary in the interpretation of its provisions in order to achieve the beneficial purposes for which they are inserted. Keywords: justiciability of fundamental, principles of state, under 1999, Nigerian constitution 1. Introduction The 1999 constitution of the Federal Republic of Nigeria (otherwise 1999 constitution) in chapter II contains fundamental objectives and Directive Principles of state policy [1] which substantially entrench certain rights and benefits conventionally referred to under human rights regime as Economic, Social and Cultural rights. The Directive Principles of State Policy are a set of constitutional provisions which requires a state to carry out certain obligations in fulfillment of its mandate for the citizenry. Some of these obligations can be understood as conferring rights on individuals in the same way as guaranteeing human rights of individuals implies obligations of states [2] . As stated earlier these fundamental objectives and Directive Principles of State Policy as contained in the 1999 constitution contain economic, social and cultural rights, framed in terms of state duties instead of individual entitlements together with other principles and objectives that are not directly related to economic, social and cultural rights. It is an indirect way of giving constitutional protection to economic social and cultural rights (ESCRs) at domestic level. The constitution expressly declared the directive principles of state policy contained in it as non-justiciable or unenforceable [3] . Nigeria no doubt must have been influenced by the argument or notion under international law. At international law, arguments against justiciability of economic, social and
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