尼日利亚新冠肺炎应急治理中的立法监督和行政强化

IF 1.5 Q1 LAW
S. Oni, Moyosoluwa Dele-Dada
{"title":"尼日利亚新冠肺炎应急治理中的立法监督和行政强化","authors":"S. Oni, Moyosoluwa Dele-Dada","doi":"10.1080/20508840.2022.2093497","DOIUrl":null,"url":null,"abstract":"ABSTRACT The COVID-19 Pandemic has compelled governments across nations of the world to devise and implement emergency measures for curtailing the spread of the lethal virus. A fundamental debate is the relevance of legislature’s involvement in the emergency decision-making and the extent to which this representative assembly is able to assert its oversight role by making the government accountable to the public in emergency governance. Nigeria, like many other nations across the globe, has called upon government emergency powers to deal with the pandemic. This paper examines the imperative of legislative oversight of emergency governance and interrogates the extent to which the legislature has been able to monitor, control and make government accountable to the public in the COVID-19 emergency response in Nigeria. The study which is qualitative, relied heavily on secondary data and adopted a systematic literature review for data collection and analysis. Findings revealed the limited legislative oversight of government’s emergency declarations for dealing with the pandemic which further perpetuated executive dominance in the governance process of Nigeria. The invocation of the Quarantine Act of 1929 by the President instead of its state of emergency powers, the latter which constitutionally requires legislature’s oversight, and the subsequent issuing of COVID-19 regulations, portrays executive aggrandisement. The relegation of the legislative oversight in the use of emergency powers for responding to the COVID-19 pandemic enhances executive dominance and undermines the democratic principles of checks and balances with its concomitant implications for accountability, inclusivity and democratic legitimacy required in emergency governance.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2022-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legislative oversight and executive aggrandisement in the Nigeria’s COVID-19 emergency governance\",\"authors\":\"S. Oni, Moyosoluwa Dele-Dada\",\"doi\":\"10.1080/20508840.2022.2093497\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT The COVID-19 Pandemic has compelled governments across nations of the world to devise and implement emergency measures for curtailing the spread of the lethal virus. A fundamental debate is the relevance of legislature’s involvement in the emergency decision-making and the extent to which this representative assembly is able to assert its oversight role by making the government accountable to the public in emergency governance. Nigeria, like many other nations across the globe, has called upon government emergency powers to deal with the pandemic. This paper examines the imperative of legislative oversight of emergency governance and interrogates the extent to which the legislature has been able to monitor, control and make government accountable to the public in the COVID-19 emergency response in Nigeria. The study which is qualitative, relied heavily on secondary data and adopted a systematic literature review for data collection and analysis. Findings revealed the limited legislative oversight of government’s emergency declarations for dealing with the pandemic which further perpetuated executive dominance in the governance process of Nigeria. The invocation of the Quarantine Act of 1929 by the President instead of its state of emergency powers, the latter which constitutionally requires legislature’s oversight, and the subsequent issuing of COVID-19 regulations, portrays executive aggrandisement. The relegation of the legislative oversight in the use of emergency powers for responding to the COVID-19 pandemic enhances executive dominance and undermines the democratic principles of checks and balances with its concomitant implications for accountability, inclusivity and democratic legitimacy required in emergency governance.\",\"PeriodicalId\":42455,\"journal\":{\"name\":\"Theory and Practice of Legislation\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2022-05-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theory and Practice of Legislation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20508840.2022.2093497\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2022.2093497","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0

摘要

摘要新冠肺炎大流行迫使世界各国政府制定并实施紧急措施,以遏制致命病毒的传播。一个根本性的辩论是立法机构参与紧急决策的相关性,以及这个代表大会能够在多大程度上通过让政府在紧急治理中对公众负责来发挥其监督作用。尼日利亚和全球许多其他国家一样,呼吁政府行使紧急权力来应对疫情。本文探讨了立法监督应急治理的必要性,并询问了立法机构在多大程度上能够监测、控制尼日利亚新冠肺炎应急响应中的政府并使其对公众负责。这项研究是定性的,在很大程度上依赖于次要数据,并采用了系统的文献综述进行数据收集和分析。调查结果显示,对政府应对疫情的紧急状态声明的立法监督有限,这进一步使尼日利亚治理过程中的行政主导地位永久化。总统援引1929年《检疫法》,而不是其紧急状态权力,后者在宪法上需要立法机构的监督,以及随后发布的新冠肺炎法规,描绘了行政扩张。在使用应对新冠肺炎疫情的紧急权力方面,立法监督被降级,这增强了行政主导地位,破坏了制衡的民主原则,同时也对紧急治理所需的问责制、包容性和民主合法性产生了影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legislative oversight and executive aggrandisement in the Nigeria’s COVID-19 emergency governance
ABSTRACT The COVID-19 Pandemic has compelled governments across nations of the world to devise and implement emergency measures for curtailing the spread of the lethal virus. A fundamental debate is the relevance of legislature’s involvement in the emergency decision-making and the extent to which this representative assembly is able to assert its oversight role by making the government accountable to the public in emergency governance. Nigeria, like many other nations across the globe, has called upon government emergency powers to deal with the pandemic. This paper examines the imperative of legislative oversight of emergency governance and interrogates the extent to which the legislature has been able to monitor, control and make government accountable to the public in the COVID-19 emergency response in Nigeria. The study which is qualitative, relied heavily on secondary data and adopted a systematic literature review for data collection and analysis. Findings revealed the limited legislative oversight of government’s emergency declarations for dealing with the pandemic which further perpetuated executive dominance in the governance process of Nigeria. The invocation of the Quarantine Act of 1929 by the President instead of its state of emergency powers, the latter which constitutionally requires legislature’s oversight, and the subsequent issuing of COVID-19 regulations, portrays executive aggrandisement. The relegation of the legislative oversight in the use of emergency powers for responding to the COVID-19 pandemic enhances executive dominance and undermines the democratic principles of checks and balances with its concomitant implications for accountability, inclusivity and democratic legitimacy required in emergency governance.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
CiteScore
4.50
自引率
10.00%
发文量
23
期刊介绍: The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信