Simone Lawson
The constitution is a set of rules and principles that define the nature and extent of government and its relationship with the governed. While the term is broad and can vary across countries and societies, it generally refers to the basic framework of a government, outlining the division of powers, rights and duties of citizens, and the relationship between the state and its citizens. The classification of constitutions is a complex topic that delves into the fundamental nature of how a state or organisation is governed. Constitutions can be classified in several ways, including written vs unwritten, codified vs uncodified, flexible vs inflexible, and presidential vs parliamentary. These classifications reflect the unique characteristics and historical contexts of each constitution.
| Characteristics | Values |
|---|---|
| Written or unwritten | Written constitutions are contained within a single document or series of documents, with or without amendments. Examples include the US and India, which has the longest written constitution. The UK, New Zealand and Israel have unwritten constitutions. |
| Rigid or flexible | Rigid constitutions are difficult to amend, requiring a special majority. Flexible constitutions can be amended with a simple majority. |
| Supreme or subordinate | A supreme constitution refers to a state with unlimited legislative powers. A subordinate constitution has powers limited by a higher authority. |
| Federal or unitary | A federal constitution divides powers between a central government and individual states or provinces. A unitary constitution vests all powers with a central government. |
| Republican or monarchical | A republican constitution provides for the election of a president as head of state and government. A monarchical constitution is led by a king, queen or emperor, with varying levels of power. |
| Presidential or parliamentary | In a presidential system, the president is head of state and government. In a parliamentary system, the prime minister is head of government but not head of state. |
| Political or legal | Political constitutions focus on the democratic process, political practices and norms of acceptable conduct. Legal constitutions focus on the rules and principles that define the nature and extent of government. |
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What You'll Learn
Written and unwritten constitutions
Constitutions are a set of rules and principles that define the nature and extent of government. They regulate the relationship between institutions of the state and between individuals and the state. While there are many ways to classify a constitution, one of the primary distinctions is between written and unwritten constitutions.
A written constitution is a formal document that contains a set of fundamental principles that govern a nation. It is systematically and meticulously written down and embodied in a single document or a series of documents, with or without amendments. Written constitutions are enacted through a formal process and often require a special majority to amend. They are frequently strict, with time-consuming modification procedures, which can make them difficult to adapt to changing demands and circumstances. Countries with written constitutions include the United States, India, France, Germany, and Brazil. The United States Constitution, written in 1787, is the oldest written constitution.
An unwritten constitution, on the other hand, is one in which the nation's legal choices, fundamental laws, and norms are not systematically written down or combined into a single document. Instead, they are based on customs, conventions, judicial decisions, and historical precedents. Unwritten constitutions are often found in countries with a long history of parliamentary democracy, such as the United Kingdom, New Zealand, and Israel. The Magna Carta, signed in 1215, is considered the world's oldest unwritten constitution, which later evolved into the United Kingdom's unwritten constitution. Unwritten constitutions are more flexible and can be easily adapted, but they may also be imprecise and inconsistent, leading to instability.
While written constitutions provide a clear framework for the operation of the government, they do not tell the whole constitutional story. For a complete understanding, it is necessary to examine subsequent interpretations of the constitution contained in case law and political practices. All constitutions are dynamic and dependent on the societal framework that surrounds them. They are also unique, reflecting their historical contexts and different priorities.
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Rigid and flexible constitutions
Constitutions are the cornerstone of a country's governance structure, and their design is crucial in shaping the legal and political landscape. The two main types of constitutions are flexible and rigid, which differ in how they adapt to social changes and maintain stability.
A flexible constitution is characterised by its adaptability and ease of amendment. It can be modified in a similar way to ordinary laws, without the need for specialised procedures. This flexibility allows it to keep pace with societal evolution and changing public opinion. Flexible constitutions are well-suited to dynamic societies and developing nations, as they can be adjusted to meet new needs and goals without being hindered by rigid structures. They are seen as living documents that evolve with societal maturity. However, the lack of a clear distinction between ordinary and constitutional laws may be seen as a drawback.
On the other hand, a rigid constitution is designed to be resistant to change. It is marked by a stringent amendment process, requiring specific legal and constitutional obstacles to be overcome. This might include special approval by referendum, a supermajority in the legislature, or other specialised procedures. The complexity of amending a rigid constitution reflects an intentional effort to preserve its sanctity and stability. Rigid constitutions are often viewed as symbols of national efficiency, representing a perfect framework for all time. They prioritise stability over immediate responsiveness to shifting public sentiment.
The classification of constitutions as flexible or rigid is just one way to categorise them. Other classifications include written and unwritten, codified and uncodified, federal and unitary, supreme and subordinate, monarchical and republican, presidential and parliamentary, and political and legal. Each classification captures different aspects of how a constitution functions and the type of government it establishes.
While all constitutions are unique, reflecting their historical and cultural contexts, they share some common elements. These include a democratic basis, safeguards against the abuse of power, promotion of the separation of powers, rule of law, and a system of checks and balances to control governance effectively.
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Federal and unitary constitutions
In a unitary system, on the other hand, the central government is the supreme authority and the only level of government besides the local or municipal government. While local governments may enjoy considerable autonomy, their powers are not accorded constitutional status, and they can be abolished by the central government. The central government determines which decisions to "devolve" to the local level and may override their decisions or expand their powers. Examples of unitary systems include the United Kingdom, which has devolved powers to Scotland, Wales, and Northern Ireland, and Italy, which has limited powers granted to regional governments.
The distinction between federal and unitary systems lies primarily in the number of levels of government and the distribution of power between these levels. In a federal system, there is an intermediate level of governmental authority between the central and local levels, typically consisting of states or provinces with constitutionally protected sovereignty. In contrast, a unitary system stands in contrast to federalism, with the central government as the single governing entity.
While the majority of UN member countries have a unitary system of government, federal and unitary systems represent a continuum, and many countries exhibit characteristics of both. These semifederal countries possess an intermediate level of government that does not have the same protections of sovereignty as in a fully federal system. An example of a semifederal state is India, where the central government has the power to legislate on any subject, including those reserved for regional governments, if deemed a matter of national importance.
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Republican and monarchical constitutions
A republican constitution provides for the election of a president, who serves as both the head of state and the head of the government. The United States is an example of a republic, where the President is elected through a democratic process, and a system of checks and balances among the executive, legislative, and judicial branches ensures no branch becomes too powerful. France is another example of a republic, albeit a semi-presidential one, where both a president and a prime minister share executive powers, with the president being directly elected by the people.
In contrast, a constitutional monarchy, also known as a limited monarchy, parliamentary monarchy, or democratic monarchy, is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not the sole decision-maker. The monarch in a constitutional monarchy is typically a hereditary symbolic head of state, such as an emperor, king, queen, prince, or grand duke, who primarily performs representative and civic roles without holding executive or policy-making power. While the monarch may hold formal authority and the government may operate in their name, the monarch does not personally set public policy or choose political leaders. The United Kingdom is an example of a constitutional monarchy, where the monarch has substantial, albeit limited, legislative and executive powers, and their role is largely ceremonial, with real political power resting with the elected Parliament and the Prime Minister.
While republican and monarchical constitutions differ in their head of state, they share some similarities. Both types of constitutions aim to regulate the relationship between the institutions of the state and define the relationship between individuals and the state. Additionally, both types of constitutions can be classified as either written or unwritten. A written constitution provides the basic rules and is typically found in states that have had a clear historical break with a previously pertaining constitutional arrangement. On the other hand, an unwritten constitution is dynamic and derives its meaning and relevance from the societal framework within which it operates.
It is worth noting that the terms "republican" and "monarchical" are not mutually exclusive. The term "crowned republic" or "monarchical republic" has been used to describe governments where the monarch's role is largely ceremonial, and royal prerogatives are exercised in a way that grants the monarch little power over executive and constitutional issues. Australia and the United Kingdom have been referred to as crowned republics by a small number of authors, although they are more commonly classified as constitutional monarchies.
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Presidential and parliamentary constitutions
Constitutions are generally classified as either written or unwritten. A written constitution is contained within a single document or a series of documents, with or without amendments, defining the basic rules of the state. Written constitutions are the product of a historical break with a previously pertaining constitutional arrangement. On the other hand, an unwritten constitution does not provide the whole constitutional picture, and it is necessary to examine subsequent interpretations contained in case law and political practices to understand how it operates in practice.
Beyond this, there are several other ways to classify constitutions. One is the distinction between federal and unitary constitutions. A federal constitution, such as in the United States, Canada, Australia, and Malaysia, involves a division of powers between a central government and individual states or provinces. In contrast, a unitary constitution, like Britain's, is centrally governed.
Another classification is between monarchical and republican constitutions. A monarchical constitution, like Britain's, places a monarch as the head of state, although their powers are limited, and the political power lies with a prime minister. A republican constitution, on the other hand, provides for the election of a president who serves as both the head of state and government.
Within the category of republican constitutions, there is a further distinction between presidential and parliamentary constitutions. A presidential constitution, as seen in the United States, involves a head of government (typically called a president) who leads an executive branch separate from the legislative branch. The president is elected by citizens and is not responsible to the legislature, which cannot dismiss them except in extraordinary cases. This system allows for a more rapid response to emerging situations compared to a parliamentary system.
In contrast, a parliamentary constitution, as found in Britain, has a head of government (usually a prime minister) who derives their power from the confidence of an elected legislature, which can dismiss them with a simple majority. The prime minister must retain the support of the legislature and is accountable to it. This system promotes public accountability and guards against tyranny by making it clear who is responsible for executive actions.
While these classifications provide a framework for understanding different types of constitutions, it is important to recognize that all constitutions are unique, shaped by their historical contexts and specific priorities.
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Frequently asked questions
A constitution is a set of rules and principles that define the nature and extent of government. Most constitutions seek to regulate the relationship between institutions of the state and between individuals and the state.
The two main types of constitution are written and unwritten. A written constitution is contained within a single document or a series of documents, with or without amendments, defining the basic rules of the state. An unwritten constitution is one in which no provisions or laws of the constitution are set in writing, but they are still documented and followed.
Constitutions can also be classified as rigid or flexible, republican or monarchical, presidential or parliamentary, political or legal, and unitary or federal.
The United States and India have written constitutions. The United Kingdom, New Zealand, and Israel have unwritten constitutions.
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