Constitution and its Types (Part-1)

Constitution and its Types and Importance of Constitution. Different Types of Constitution. Codified, Uncodified, Flexible and Inflexible Constitution. Monarchical And Republican Constitutions.

What is a Constitution ?

► A constitution has been defined as a body of rules established to regulate the system of government within a state.

► It is the supreme law of each State.

► It lays down rules regarding the organisation, powers and functions of government.

► It also defines the basic features of the State and the relation between the citizens and the State.

Types of Constitution:

⦿ Written or codified Constitution

► A written constitution means a constitution written in the form of a book or a series of documents combined in the form of a book.

► It is a consciously framed and enacted constitution.

► It is formulated and adopted by a constituent assembly or a council or a legislature.

► The Constitutions of India, the USA, Germany, Japan, Canada, France, Switzerland and several other states, are written constitutions.

⦿ Unwritten or Uncodified Constitution

► An unwritten constitution is one which is neither drafted nor enacted by a Constituent Assembly and nor even written in the form of a book.

► It is found in several historical charters, laws and conventions.

► The government is organised and it functions in accordance with several well settled, but not wholly written rules and conventions.

► Mostly it includes customs and the decisions of the courts.

► The Constitution of the UK is an unwritten constitution.

⦿ Flexible Constitutions

► The Flexible or Elastic Constitution is the kind of constitution that can easily be changed .

► A Flexible Constitution is one which can be easily amended.

► The Parliament can alter constitutional principles and define new baselines for government action through ordinary legislative processes

► British and Canadian Constitution presents a classic example of a most flexible constitution.

⦿ Inflexible or Rigid Constitutions

► The Rigid Constitution is the kind of constitution that cannot be easily amended.

► Moreover, it is a constitution whose terms cannot be altered by ordinary forms of legislation, only by special amending procedures.

► The Constitution of United States of America is a very rigid constitution.

⦿ Federal constitution

► Under a federal constitution exists a division of powers between central government and the individual states or provinces which make up the federation.

► The powers divided between the federal government and states or provinces will be clearly set down in the constituent document.

⦿ Unitary Constitution

► Constitutions of this nature exist in a state where a government is formed after a union of two or more sovereign states.

► A state is governed as a one single unit in which the central government is supreme and any administrative divisions exercise only powers which their government chooses to delegate.