CHAPTER 6:CONSTITUTION

TOPICS TO BE COVERED:

Definition of Constitution Types of Constitution Written and Unwritten and their advantages/disadvantages Rigid and flexible and their advantages/disadvantages Characteristics of a good constitution Concept of constitutionalism

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INTRODUCTION

A constitution is important to establish a stable & orderly state

All states creates rules/ principles with which to guide the interaction between the rulers and the ruled

In short, constitution is the basic design of the structure & powers of the government & the rights & duties of its citizen

It provides the highest set of principles/ laws in a state

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Roskin & Medeiros listed 3 purposes of a constitution:

1) A statement of national ideals they provide the symbolic function of

putting in writing a statement of national ideals

2) Formalizes the structure of government A constitution is a blueprint, a written

description of who does what in gov., defining the authority & limiting the powers of each branch & providing for regularized channels thought which conflict may be resolved

3) Establishes the legitimacy of government They attempt to justify the government’s right to

govern

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DEFINITION

1) Roskin & Medeiros1) Roskin & Medeiros A written document that sets forth the

fundamental rules by which a political system is governed

2) Woolsey2) Woolsey Collection of the principles according to

which the powers of gov & the rights of the gov & the relationship between the 2 are adjusted

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TYPES OF CONSTITUTION1) WRITTEN CONSTITUTION

• Most of the fundamental principles of governmental organization are written down in a document/ a series of documents

• E.g the constitutions of Malaysia, Canada (are written)

The fundamental principles concerning legislature, the executive & judiciary & their powers,

the fundamental rights of the citizens & the procedure for amending the constitution

are clearly written down in a document!!5

2) UNWRITTEN CONSTITUTION The fundamental rules & regulations

regarding the structure of the government/ fundamental rights & liberties are not written down in a document

It may be scattered in various documents/ It may be scattered in various documents/ found in usages, customs, traditions & found in usages, customs, traditions & conventions of the countryconventions of the country

E.g: the constitution of Britain (many people are puzzled by the absence of a written constitution in Great Britain)

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ADVANTAGES & DISADVANTAGES OF

UNWRITTEN & WRITTEN

CONSTITUTION???1)it is not easy to violate a written const. by the gov

2) The citizens can read & know the provisions of the const.

3) const. limits the power of the gov. (that’s why the distribution of powers must be clearly written down in a document)

4) An unwritten constitution is not certain & fails to provide distinction between constitutional & ordinary laws

A written constitution has more advantages!!

Because it is:1. Certain2. Definite3. distinct

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3.) RIGID vs. FLEXIBLE CONSTITUTION

Can’t be changed easily ( there is distinct method/ procedure for amending the const. which is very complicated & rigorous & not limited to the authority of legislature alone

Eg: USA const. can’t be amended by Congress alone (it needs the approval of the people in a Referendum

Eg: Canada const. can’t be changed just by the Parliament (it needs the approval of the 7 provincial legislatures of 10 provinces having 50% of the total populations

RIGID

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RIGID vs. FLEXIBLE CONSTITUTION It can be changed easily by legislature like

passing an ordinary law

There is no special procedure for amending such const

Eg: Bangladesh – the const. can be changed by 2/3 majority voted of the members of legislature

The passing of ordinary law requires only a simple majority

So, in flexible const. the power of parliament is supreme ( it is the final authority in determining the changes in the const.

But, in a rigid const. the power of legislatures is limited by the const. itself

FLEXIBLE

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ADVANTAGES

1) Since it is difficult to change the ruling elites, the gov. can’t just change any provisions according to its convenience

2) It is stable in nature (stability is a prime requisite of the modern const. & const. must possess a high degree of stability. Otherwise, the pol.syst. Suffers from pol. & eco instabilities)

3) Limited possibility of conflict between the gov (because their distribution of powers are clearly stated in the written const.)

4) The fundamental rights of the citizens are well guaranteed when those rights are written

DISADVANTAGES

1. The conditions of society are constantly changing. The rigid const. can’t foresee the future. (so that’s why it is not good to have a rigid const.

2. If serious constitutional crisis, then it can be avoided by immediately changing the const.

3. A written const gives too much power to the judiciary to decide on the validity of laws. But the attitude of the judiciary, which lacks flexibility may accelerate the forces which upset the const. itself

ADVANTAGES & DISADVANTAGES OF RIGID CONSTITUTION???

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ADVANTAGES

1) This type of const. is dynamic (able to meet the new demands of society- social, economic & political changes)

2) It is adaptable to changing/ emergency circumstances

3) Revolutions can be avoided.

DISADVANTAGES

1. If it is too flexible, then any government/ any party in power can change the constitution to suit its needs

2. Thus, the constitution can become unstable and will affect the social and political progress of the nation

ADVANTAGES & DISADVANTAGES OF

FLEXIBLE CONSTITUTION???

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RIGID vs FLEXIBLE???

1 could easily say that the best constitution is 1 with a mixture of both

The const. should permitting changes to be made, yet will ensure that the society will not be affected

The procedure of amendment should not be so complicated & delaying. The amending process should meet the needs of the time.

Progress and development can only be secured in countries with rigid const. by a sufficiently easy method of amendment.

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SHOULDCORRESPOND TO

THE ACTUALCONSITIONS OF

THE STATE

SHOULD BE EMENDABLE,

LEGALLY WITHOUTTOO MUCHDIFFICULTY

MUST LIMIT THE POWER OF

THE GOVERNMENT

INCORPORATE ALL

FUNDAMENTALSRIGHTS OF THE

PEOPLE

COMPREHENSIVE

MUST BEWRITTEN

SHOULD BE DEFINITE & CLEAR

A GOOD CONSTITUTION

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-is a modern concept that desires a political order governed by laws & regulations

CONSTITUTIONAL GOVERNMENT/ CONSTITUTIONALISM

An existence of a constitution does not guarantee that the political system is constitutional

There is no guarantee of constitutionalism just because a constitution exists

Constitutionalism?

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Constitutionalism… Is only way through which people’s rights can

be protected It asserts that no public official should ever

exercise unlimited authority/ govern without accountability to the people

Very strong in some developed countries & weak in some of them

It is strong in Canada & Britain, but weak in France

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A Constitutional Government… Means a limited government In other words, the power of the government is

limited by the constitutional rules The powers of the government are curtailed &

procedures are defined in a constitution Therefore, a constitutional government is also called

as a limited government Eg: the Constitution of USA prohibits the President,

even during wartime, from seizing or nationalizing industries without the approval of Congress

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End of chapter 6

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