Omar Bennett
Constitutions are the foundation of governments worldwide, outlining the rules and structure of governance. They can be broadly categorized into written or unwritten, rigid or flexible, unitary or federal, and parliamentary or presidential forms. Written constitutions are precise legal documents, while unwritten constitutions are based on customs and traditions. Rigid constitutions are difficult to amend, unlike flexible constitutions. Unitary systems centralize power, whereas federal systems distribute power to regional entities. Parliamentary systems intertwine executive and legislative branches, while presidential systems separate them. The type of constitution a country adopts depends on its historical context, democratic values, and the desired separation of powers.
| Characteristics | Values |
|---|---|
| Type of Document | Written or Unwritten |
| Rigidity | Rigid or Flexible |
| Governmental Power | Unitary or Federal |
| Branches | Parliamentary or Presidential |
| Basis | Political or Legal |
| Codification | Codified or Uncodified |
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What You'll Learn
Written or unwritten
Constitutions can be written or unwritten, rigid or flexible, unitary or federal, and parliamentary or presidential. This response will focus on the first distinction: written or unwritten.
A written constitution is a document or series of documents that clearly lay out the basic rules regarding the main organs and institutions of government. It is a deliberate creation and a consciously planned system. Written constitutions are enacted on a specific date by a particular body designed for its adoption and enactment. The constitution of India, for example, is the longest written constitution of any country in the world. It contains 395 articles in 22 parts and eight schedules. The constitution of the United States of America is another example of a written constitution.
On the other hand, an unwritten constitution is a system where the fundamental laws, legal decisions, and rules that govern a nation are not embodied in a single written document but are defined by customs, usage, precedents, formal and legal enactments, and instruments such as certificates, bonds, deeds, contracts, acts, writs, and processes. Unwritten constitutions evolve through continuous use and practice, which then become part of the constitution. The United Kingdom (Britain), New Zealand, and Israel are examples of countries with unwritten constitutions.
One of the main differences between written and unwritten constitutions is that written constitutions are more rigid and difficult to amend, whereas unwritten constitutions are more flexible and can be changed more easily. For instance, the British political constitution has changed through the enactment of laws such as the European Communities Act 1972 and the Human Rights Act 1998.
Another difference is that written constitutions provide a clear framework for the government's institutions, hierarchies, powers, functions, relationships, and supremacy, leaving less room for confusion and chaos. In contrast, unwritten constitutions require a high degree of political consciousness among the people to understand its spirit, and they may be more unstable as they are open to interpretation by the judiciary.
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Rigid or flexible
Constitutions can be classified as either "rigid" or "flexible". A rigid constitution is one that is difficult to amend and emphasises stability. It is regarded as a sacred document, with a perfect framework meant to stand the test of time. Rigid constitutions are marked by a stringent amendment process, requiring specialised procedures. This ensures that the constitution is resilient against impulsive changes, offering a stable foundation. The US Constitution is an example of a rigid constitution, as amendments require supermajorities at both the proposal and ratification stages.
On the other hand, flexible constitutions are adaptable and easily amendable, allowing for swift adjustments in response to societal changes and evolving public opinion. They are considered living documents that can grow and evolve with societal maturity. Flexible constitutions are advantageous for developing nations due to their adaptability. The United Kingdom's constitution is an example of a flexible constitution, as any of its institutions and rules can be modified by an act of Parliament.
The difference between rigid and flexible constitutions lies in their underlying assumptions. Flexible constitutions assume that there cannot be a perfect constitution for all time, and thus they are open to change. In contrast, rigid constitutions assume that they represent a perfect framework that should remain unaltered. This rigidity can limit their ability to expand and adapt to changing societal needs.
Both models have their merits. Flexible constitutions suit dynamic societies, while rigid constitutions provide a robust safeguard against hasty alterations. The choice between a rigid or flexible constitution depends on the specific needs and priorities of a country.
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Unitary or federal
Constitutions can be broadly categorized into written or unwritten, rigid or flexible, unitary or federal, and parliamentary or presidential. This response will focus on the unitary or federal types of constitutions.
A unitary system is composed of a single, central government that holds all the power. While there may be local or municipal governments, their powers are not accorded constitutional status and are subject to the decisions of the central government, which may abolish them if it chooses. The local governments in a unitary system may enjoy a degree of autonomy, but the central government determines the scope of their authority.
On the other hand, a federal system divides power between the national and intermediate levels of government, such as state or provincial governments, which exist between the central and local levels. These intermediate governments have constitutionally protected sovereignty and are guaranteed independence from the central government. The national constitution in a federal system enumerates the powers granted to the central government, with the remaining powers being reserved for the intermediate governments.
Most countries fall somewhere between the ideal types of purely unitary or purely federal systems. Some countries are considered semifederal, possessing an intermediate level of government that does not have the same degree of sovereignty as in a fully federal system. These semi-federal systems often have rigid written constitutions that grant limited legislative and administrative powers to the regional governments, but the regional governments are still subject to the overriding powers of the central authorities.
The distinction between unitary and federal systems is important in understanding the distribution of power within a country and the relationship between different levels of government. It determines the level of autonomy enjoyed by local or regional governments and the extent to which they can make decisions independently from the central government.
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Parliamentary or presidential
Constitutions can be broadly categorised into written or unwritten, rigid or flexible, unitary or federal, and parliamentary or presidential. This response will focus on the parliamentary and presidential types of constitutions.
A parliamentary system is a form of government in which the executive branch is intertwined with the legislative branch and is accountable to the legislature. It is often characterised by a prime minister or a similar head of government who is responsible for leading the country and implementing policies. The prime minister is typically chosen from the legislative body and requires the support of the legislature to govern effectively. Parliamentary systems may be unicameral, with a single parliamentary chamber, or bicameral, with two chambers of parliament. Examples of countries with parliamentary systems include the United Kingdom, Denmark, Malaysia, Australia, and New Zealand.
On the other hand, a presidential system has a stricter separation of powers between the executive and legislative branches. The executive branch is led by a president who is often independently elected and is not necessarily accountable to the legislature. This system provides more flexibility for the president to act without needing to maintain the support of the legislature. Presidential systems are commonly found in the Americas and Sub-Saharan Africa, with the majority of state governments in the United States following this model.
One advantage of a parliamentary system is that it promotes accountability as the executive is directly responsible to the legislature. It also allows for a more collaborative approach to governance, with the intertwining of the executive and legislative branches. However, a presidential system can offer quicker responses to emerging situations as the president has more autonomy and is not constrained by the legislature.
The choice between a parliamentary or presidential system depends on various factors, including historical context, cultural preferences, and the desired balance of powers. Some countries, like France, have had periods of both parliamentary and presidential governance. Ultimately, both systems aim to provide effective governance and uphold democratic principles, but they achieve this through different structures and relationships between the executive and legislative branches.
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Political or legal
Constitutions are the fundamental principles or established precedents that determine how an entity is governed. They can be classified into several types, including written or unwritten, rigid or flexible, unitary or federal, and parliamentary or presidential.
Political Constitutions
Political constitutions, such as the one advocated by Griffith and Tomkins, assert that politics is the optimal method for exerting government control. This perspective holds that entrusting government accountability to the judiciary is neither democratic nor effective, as judges lack the democratic legitimacy of an elected government. Political constitutions are inherently linked to the politics that create them and can adapt to the needs of the times.
Legal Constitutions
A legal constitution is a formal written document that serves as the fundamental law of a polity, organisation, or other type of entity. It establishes the rules and principles that govern the entity's functions and operations. A legal constitution may be in the form of a single document or a set of legal documents, known as a codified constitution. The process of adopting a legal constitution is often influenced by historical and political contexts, and it may undergo changes through special procedures.
Written and Unwritten Constitutions
A written constitution contains all provisions in a single document, while an unwritten constitution's provisions are found in multiple documents, such as fundamental acts of a legislature, court cases, and treaties. The United Kingdom, for example, has an unwritten constitution, with its principles spread across various sources. On the other hand, the United States Constitution is a notable example of a written constitution, providing a higher status to the rules that define the organisation and powers of the government.
Rigid and Flexible Constitutions
A rigid constitution is challenging to amend and requires a rigorous and difficult process for any changes to be implemented. In contrast, a flexible constitution can be easily modified whenever the need arises, allowing for adaptability but also presenting opportunities for manipulation.
Unitary and Federal Constitutions
Unitary systems, like the United Kingdom, have only local governments, while federal systems, such as the United States, incorporate intermediate state or provincial governments between the local and central levels. Federal constitutions often emerge from dramatic political changes, such as revolutions, and may hold supremacy over ordinary statute law.
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Frequently asked questions
There are two basic types of constitutional government: unitary and federal. However, constitutions can be further categorized as written or unwritten, rigid or flexible, and parliamentary or presidential.
A unitary constitution does not accept any governmental power beyond the central government, though it can provide the devolution of power to parts of a country on a local level. Most countries have a written, unitary constitution, like the USA, India, Russia, France, Germany, and Nigeria.
Federal governments cede power to regions, provinces, cantons, or states.
