![]() ![]() The doctrines are tested on normative and institutional standpoints of justiciability theory. It particularly evaluates the concept of justiciability in view of –directive principles idea as contained in both Nigerian and Indian Constitutions and how it is treated by their courts vis-a-vis the treatment of its contents by South African court - political question doctrine as it applies in the U.S and Nigeria courts perspectives today and lastly, -how the Nigerian courts apply the doctrine of locus standi in comparison with ripeness to questions bordering on the constitutionality of legislations. The concern of this Study is on three restrictive theories, viz�the directive principles doctrine, political question doctrine and ripeness cum locus stand. To this Researcher, to secure this liberty, the power must be exercised without permitting superfluous and unbridled restrictions. Whereas, the import of the idea of separation of power from whence judicial power emanated, in Montesquieu’s view, is to ensure political liberty –liberty to the people. ![]() Such restrictions include the so-called justiciability doctrines- standing, ripeness, mootness, political question doctrine and so on. Conversely, Court has adhered to restrictions on its own power. This power mostly covers wide areas with respect to rights and obligations of any person, authority and the government. The judiciary as the third arm of government originally has the power to check the exercise of powers by the other arms and even that of itself. In constitutional democracies, the interpretative and adjudicative power is vested in the court. In the end, it is the hope of this researcher that, notwithstanding the variety in the laws that have existed and still exist during the different evolutionary stages of human societies, the common, universal language which they all reflect –that of justice – has been deduced. Therefore using justice as the index of every law, has law served any purpose, at all, for every Tom, Dick and Harry of every society? This research sets out on a particular mission: that of first, understanding what law actually is, then attaching to it the value of justice in order to create out a phenomenon, and then proceeding to critically examine, compare and analyze the laws of some select societies (both indigenous and modern) using the index of justice as a guide. While this is important, it is acutely imperative to draw out a benchmark –justice. For instance, believers of the Marxist School of thought would have been more at peace if they have seen law as going to the greater extent of achieving and guaranteeing certain freedoms. The bottom-line of these arguments is that of a deep-seated yearn for justice. There has always been a great debate on what role law should fulfill in every society –while believers of the Natural Law on the one hand, insist that every law must appeal to good conscience in order to be recognizable, the Marxists are of the view that law is nothing but an instrument of oppression in the hands of the sovereign. It is on this note that this work is aimed at analyzing the definitions given by various Scholar of each school Vis-à-vis the meaning of law with the aid of relevant Nigerian judicial authorities, the study is also intended to carryout divergent views among jurists, scholar on the essential needs for universally acceptable definition of law. A precise and appropriate definition is yet to be given to the meaning of law. The definitions of law from the above is not all encompassing as Professors Okunniga Once posited “Nobody including the lawyer is offered, nobody including the lawyer is offering, nobody including the lawyer will be able to offer a definition of law to end all definitions” On the whole, the definition of law up till the present day is still a subject of controversy among the jurists. To the sociological school, law is the pertinent norm and value in the society while the realist perceived law to be made through the medium of court. The historical school postulate, that law should be rooted in the people and reflects the common consciousness. For instance the natural school lead by Thomas Aquinas, he sees law as what is fair, just, right and good. Therefore, it is most pertinent to examine the meaning of law from the different schools. However, in spite of the ambiguity created in defining law and failure to reach universally acceptable definition of the term law. Law can be defined as the body of rule designed or formulated to guide human actions or conducts which are enforced among the members of a given society, the breach of which attract sanctions. ![]()
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