Eleanor Finch
Constitutions are the most basic laws of a territory and seek to regulate the relationship between the institutions of the state and between individuals and the state. They are usually contained in a single document, known as a codified constitution, but some countries, like the UK, have uncodified constitutions that consist of several different sources, both written and unwritten. The process by which a country adopts a constitution is closely tied to its historical and political context, and dramatic political changes, such as revolutions, often lead to the adoption of codified constitutions. Constitutions can be amended, and they grant citizens fundamental rights, establishing the broad rights of individual citizens.
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What You'll Learn
Codified vs uncodified constitutions
A codified constitution is a system of government that has a single written document outlining the fundamental principles and laws of the land. This document usually establishes the structure and powers of the government, as well as the rights and freedoms of citizens. It provides a clear framework for the exercise of power and greater protection of citizens' rights and freedoms. However, one of the drawbacks is that it can be difficult to amend, making it inflexible and unable to adapt to changing circumstances.
An uncodified constitution, on the other hand, does not have a single written document outlining its fundamental principles and laws. Instead, it is typically based on a combination of statutes, court decisions, conventions, customs, usage, precedent, and a variety of legal instruments. While this provides flexibility and adaptability, it can also lead to ambiguity and a lack of clarity in the separation of powers. For example, in the UK, the powers of the executive and legislature are not clearly defined, and the judiciary's independence is not established.
The majority of countries have a codified constitution, with only four exceptions: the UK, Israel, New Zealand, and Canada. The process of adopting a codified constitution is often tied to dramatic political changes, such as a revolution. In contrast, uncodified constitutions are the product of an "evolution" of laws and conventions over centuries. For instance, the UK's uncodified constitution has five main sources that are all referenced when determining whether an action is constitutional.
While codified constitutions provide clarity and certainty, they can become outdated and may require constant reinterpretation to remain relevant in modern times. On the other hand, uncodified constitutions are flexible and can be interpreted more broadly, allowing for greater government action. They are also more easily adaptable to changing circumstances and societal values. However, the flexibility of uncodified constitutions can lead to controversies due to differing interpretations of customs and usages that form the fundamental provisions.
In summary, the key difference between codified and uncodified constitutions lies in their degree of centralisation. Codified constitutions aim to provide a clear and centralised legal framework, while uncodified constitutions are more decentralised and flexible, allowing for the evolution of laws and conventions over time.
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Separation of powers
The separation of powers is a key principle of the US Constitution, which establishes three separate but equal branches of government: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law). The intention behind this structure is to prevent any one branch of the government from becoming too powerful, creating a system of checks and balances.
The legislative power of the Federal Government is vested in Congress, which consists of the Senate and the House of Representatives. The Executive Power is vested in the President, who becomes the Commander-in-Chief of the Army and Navy and has the power to make treaties and appointments to office, among other duties. The Judicial Power is vested in the Supreme Court and any lower courts created by Congress.
The separation of powers is designed to maintain some independence for each branch while promoting a workable government through interdependence and the sharing of power. To address concerns of power aggrandizement by one branch, the Framers incorporated checks that each branch could exercise against the actions of the other two. For example, Congress may write legislation to restrain executive officials, and the President may not usurp the lawmaking powers of Congress.
The US Constitution does not expressly refer to the doctrine of separation of powers, and historically, some US states did not observe a strict separation of powers in the 18th century. However, the nation's Founding document divides governmental power among the three branches, and this structure has been upheld and refined through court cases over time.
The separation of powers is a fundamental aspect of the US Constitution, ensuring a balance of power among the branches of government and safeguarding against the concentration of power in any one branch.
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Rights of citizens
Constitutions are fundamental to defining the rights of citizens and the relationship between individuals and the state. They are the most basic law of a territory, and all other laws and rules are hierarchically derived from them. Constitutions can be codified, i.e., contained in a single document, or uncodified, consisting of several different written and unwritten sources. Most countries have codified constitutions, often the result of significant political change.
The rights of citizens are a key focus of constitutions. For example, the US Constitution's Fourteenth Amendment states that all persons born or naturalized in the US are citizens entitled to specific rights and privileges. The US Constitution also includes the Bill of Rights, which protects individual liberties, such as freedom of speech and freedom of religion. These rights are protected by limiting government power. Similarly, the Indian Constitution grants all citizens Fundamental Rights and empowers the judiciary to invalidate laws or government actions that violate these rights. These rights include equality before the law, freedom of conscience and religion, and free and fair elections.
The rights of citizens can also be influenced by a country's historical and political context. For instance, uncodified constitutions like the British Constitution evolve over centuries and include constitutional conventions, precedents, customs, and traditions. In contrast, codified constitutions are often the result of dramatic political changes, such as revolutions.
Regardless of immigration status, citizens are guaranteed rights under constitutions. For example, federal disability rights laws in the US provide protection against discrimination, segregation, and exclusion. The Indian Constitution also guarantees equality before the law, ensuring that local customs and conventions are considered in the administration of justice.
In summary, constitutions play a crucial role in defining and protecting the rights of citizens. They establish fundamental rights and liberties, limit government power, and provide a framework for legal recourse when these rights are violated. The specific rights and protections vary across countries, reflecting their unique historical, cultural, and political contexts.
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Sources of the Indian Constitution
The Indian Constitution is a unique document that draws on a range of sources and influences to establish a democratic framework for the country. It is the supreme legal authority, binding the legislative, executive, and judicial organs of the government. The Constituent Assembly of India drafted the constitution, taking inspiration from various international sources and adapting them to suit India's unique problems, aspirations, and characteristics.
One of the key sources of the Indian Constitution is the Government of India Act 1935, which provided a blueprint for governance. The Act proposed the formation of a federation of India, comprising provinces and princely states as units, with powers divided into the Federal List, Provincial List, and Concurrent List. The Indian Constitution declares India as a Union of States, and the Seventh Schedule outlines the distribution of powers between the Union and State Governments through the Union List, State List, and Concurrent List.
The Indian Constitution also draws on the principles of justice, liberty, equality, and fraternity found in other constitutions. The concept of Fundamental Rights, for example, was inspired by the United States Constitution, specifically the Bill of Rights. The Indian Constitution also borrowed the idea of a single citizenship from Britain, meaning there is no concept of dual citizenship in India.
The legislative procedures in the Indian Parliament, including its bicameral system, the role of the Speaker, and the process of passing bills, are modelled after the procedures followed in the UK Parliament. India's cabinet system is also based on the UK political system.
The Indian Constitution also includes provisions borrowed from other countries' constitutions. For instance, the provisions of Freedom of Trade and Commerce within the country and between the states were adapted from the Constitution of Australia, and the German Constitution provided the provision for the suspension of fundamental rights.
The Indian Constitution is, therefore, a mosaic of influences, blending international inspirations with the ideals of the Indian independence movement, rooted in liberty, equality, and social justice.
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Constitutional conventions
The United Kingdom has an uncodified constitution, which includes legislation, common law, Crown prerogative, and constitutional conventions. Conventions are principles of behaviour that are not legally enforceable but are enforced on a political, professional, or personal level. They are particularly important in countries like the UK, which lack a written constitution, as they help to understand how the state functions.
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Frequently asked questions
A constitution is a document that contains a country's key features and is the most basic law of a territory from which all other laws and rules are hierarchically derived.
A constitution regulates the relationship between the institutions of the state, such as the executive, legislature, and judiciary. It also attempts to define the relationship between individuals and the state and establishes the broad rights of individual citizens.
A codified constitution is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution, on the other hand, consists of several different sources, both written and unwritten, and evolves over time. Most states have codified constitutions, which are often the product of dramatic political change.
The UK has an uncodified constitution, with its core aspects spread across various documents and sources, including specific Acts of Parliament, constitutional conventions, and decisions made by judges. The constitution of India, on the other hand, is a codified constitution. It is a detailed document with 448 articles, 12 schedules, and five appendices. It establishes India as a sovereign, secular, democratic republic with a parliamentary form of government.
