Define Constitution? Explain the kinds of constitutions Constitutional L...

Define constitution? Explain the kinds of constitution

Introduction:

The basic principles and laws of a nation, state, or social group that
determine the powers and duties of the government and guarantee certain
rights to the people in it.
A written instrument embodying the rules of a political or social
organization.

Definition:

The Oxford English Dictionary defines a constitution as "a body of fundamental
principles or established precedents according to which a state or organisation
is governed". The Collins dictionary says a constitution consists of "the
fundamental principles on which a state is governed, especially when
considered as embodying the rights of subjects".

Types of Constitution

1. Written and unwritten constitution

An unwritten constitution is a type of constitution that is not contained in one
single document. This type of constitution is partially written and partly oral.
Like common law and customary law, an unwritten constitution grows from
many years of practical experience and from the political way of the people.
The British constitution is the best example of an unwritten constitution. It is
not in one document, but can be found in various sources, such as statutes,
conventions and judicial decisions.

A written constitution is usually rigid in nature because of its cumbersome
mode of amendment. Although it can actually be amended when found
necessary.

2. Flexible and Rigid Constitution

A flexible constitution is a constitution, which can be easily amended or
changed without a cumbersome procedure. This type of constitution may be
amended just like any statute, with a simple majority of vote of the members
of the parliament.

On the other hand, a rigid constitution is a type of constitution, which has cumbersome or long amendment procedures. The procedure for amending a

rigid constitution is different from the procedure for enacting and amending

the ordinary laws of the land.

The enactment or amendment of an ordinary law is usually by a simple majority

vote in the relevant parliament that has the authority to make or amend such law.

However, the procedure for amending a rigid constitution may include two

third majority vote of members of the central government legislature, as well

as a two-thirds majority vote in two-thirds of the state legislatures in such

country, and sometimes ratification by the people in a referendum and so

forth.

3. Unitary and Federal Constitution

A unitary constitution one of the types of constitution which provides that
governmental powers should be concentrated on a single central
government, which does not share powers with other bodies in the country, but
delegates power to regional, local government, and other subordinate bodies.
Put in a different way, in a unitary constitution, all government powers are
concentrated in the central or national government as the only source of
authority from which powers emanate.

A country operating a unitary system of government usually adopts a unitary
constitution. The Constitution though Supreme, is usually flexible and not rigid,
as the government has the power to amend it as maybe necessary.
On the other hand, a federal system of government is an association of free
states where power is constitutionally shared to the federal, state and local
councils, and with each tier of government exercising its constitutionally
assigned powers and functions.

4. Democratic constitution

The word “democracy” is derived from a combination of two Greek words
“Demos” means people, and “kratia” means “rule” or “government“.
Democracy is a government of the people, who participate in government
either directly, or through representatives. A true democratic government
must be a government made up of the generality or representatives of the
people. It must also be a government formed and installed by the people.

5. Republican and Monarchical constitution

A republican constitution is a type of constitution that provides for the position

of an elected head of state for a fixed term of office who is usually known as

President.

To understand a Monarchical constitution, you must understand that a

monarchy is a government led by a King, Queen, or Emperor.

A Monarchical constitution is actually a dynasty where the monarch is

succeeded by his or her child or other heir from generation to generation or

from one ruling house to another.

6. Presidential and parliamentary constitution

A presidential constitution is a type of constitution where all executive powers

are vested in a president who is the head of state and head of government.

The president may exercise the executive powers of government either directly

by himself or through the vice president, minister or other officers in the public

service of the country.

The powers of the president is to maintain the Constitution and to apply all the

laws made by the parliament for the time being in force.

On the other hand, a parliamentary constitution is a type of constitution where

all the executive powers of the government are vested in a Prime Minister,

who is the head of government and the head of the majority party, but is not

the head of state.