KINDS OF CONSTITUTION.pptx

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Constitution

CONSTITUTION IS DEFINED AS:The body of those written or unwritten fundamental laws which regulate the most important rights of the higher magistrates and the most important essential privileges of the subjects."

Nature and Purpose of a Constitution

1) It serves as a supreme or fundamental lawCharter that created a governmentBinding all individual citizens and parts of the government together as oneThe ultimate law; the law other laws must abide byTest of legality by government officials

2) Establishes the basic framework and underlying principles of the governmentPrescribes the permanent framework of the system of government, and assigns to the different department or branches, their respective powers and dutiesEstablishes certain basic principles by which the government is foundedDesigned to preserve and protect the rights of the citizens against the powers of the state

KINDS OF CONSTITUTION ACCORDING TO FORM

KINDS OF CONSTITUTION WRITTEN CONSTITUTION

UNWRITTEN CONSITUTION

KINDS OF CONSTITUTION Written constitutionOne which has been given definitive written form at particular time, usually by a specially constituted authority called a constitutional convention

KINDS OF CONSTITUTION Unwritten ConstitutionOne which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of fundamental character, usually bearing different dates.

KINDS OF CONSTITUTION

KINDS OF CONSTITUTION Pros and cons of a written constitutionPro: It has the advantage of clearness, definiteness, and rigidness that the unwritten doesnt have. It cannot be easily altered.

Con: It is difficult to make changes. To change, it requires to go through charter changing which may take a while before any changes can be made.

KINDS OF CONSTITUTION ACCORDING TO THEIR ORIGIN

KINDSConventional or EnactedCumulative or Evolved

KINDS OF CONSTITUTION Conventional or Enacted ConstitutionOne is enacted by a constituent assembly or granted by a monarch of his subject

KINDS OF CONSTITUTION

Japanese Constitution

Cumulative or EvolvedOne which is a product of long growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

KINDS OF CONSTITUTION ACCORDING TO MANNER OF AMENDMENT

KindsRigid or inelasticFlexible or elastic

KINDS OF CONSTITUTION Rigid or Inelastic ConstitutionOne regarded as a document of special sanctity which cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process.

KINDS OF CONSTITUTION

Constitution Of the United States of America

Flexible or elasticOne which possesses no higher legal authority than ordinary laws and which may be altered or amended in the same way as other laws.ExerciseIsraels constitution is an accumulated body of documents and precedents, some of which date back to biblical times. Is the constitution of Israel enacted or evolved? Why? In Sweden, constitutional amendments must be passed by two successive legislatures, with a general election in between. As to amendment, is their constitution rigid or flexible? Why? The British Constitution consists of some laws passed by the Parliament and court decisions and no single document has been codified as constitution to set forth the basic principles of the organization of power. As to form, is the British Constitution written or unwritten? Why? Thank you!