Techniques for Division of Legislative Powers under Federal Constitutions

Abstract

This article appraised the techniques employed for the division of legislative powers under federal constitutions generally and under the Constitution of the Federal Republic of Nigeria 1999 in particular. In doing justice to the topic, the paper examined the two models for dividing legislative powers namely, the integrated or interlocking model and the dualist or classical model of which it was discovered that the latter is the model largely followed by the CFRN 1999. It also considered the method of dividing legislative powers by enumeration and by allocation of residual power; rationale or criteria for division of powers and symmetrical versus asymmetrical distribution of legislative powers. The author among others discovered that while the division of legislative powers under the CFRN 1999 is largely symmetrical, the rationale for the division could hardly be generalised in comparison with other federal constitutions.

Keywords: Federalism, Legislative Powers, Division of Powers, Constitutions