Constitution and its Types (Part-1)
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.
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