Jonah Patel
Constitutions are a body of rules established to regulate the system of government within a state, defining the principles upon which the state is based, the procedure for making laws, and who can make them. They can be written or unwritten, and are further classified as codified or uncodified, flexible or inflexible, rigid or flexible, nominal or normative, and constitutional monarchy or republican. Written constitutions can be found in the United States, Australia, Canada, Japan, and Western European countries, while unwritten constitutions are present in the United Kingdom, where it is comprised of various fundamental acts, court cases, and treaties.
| Characteristics | Values |
|---|---|
| Written or unwritten | Written constitutions can be further classified as codified or uncodified. The US Constitution is an example of a written constitution, while the UK's is unwritten. However, the UK's constitution does include written documents such as the Bill of Rights (1689) and the Act of Settlement (1701). |
| Flexible or inflexible | Flexible constitutions, such as the UK's, can be amended with ease. Inflexible constitutions, such as the US Constitution, contain entrenchments that make it difficult to make changes. |
| Length | The length of written constitutions varies. The US Constitution is approximately 7,000 words, while the Constitution of India is the longest written constitution at 146,385 words in its English-language version. |
| Rigid or flexible | Rigid constitutions stipulate that at least some parts cannot be modified by the same procedures used to enact statutory law. |
| Normative or nominal | Normative constitutions are observed in the actual operations of the political system. They predominate in countries such as the US, Australia, Canada, Japan, and Western Europe. Nominal constitutions are common in countries ruled by a one-person or one-party dictatorship or a military junta. |
| Distribution of sovereignty | Constitutions can establish the distribution of sovereignty in terms of the centralisation of power, which can be unitary, federal, or confederal. |
| Type of state | Constitutions can be classified based on the type of state, such as monarchical or republican, presidential or parliamentary, and theocratic or secular. |
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What You'll Learn
Written and unwritten constitutions
A written constitution is a document that contains a set of fundamental principles that govern a nation. It is formally codified and compiled in a structured and cohesive manner. It includes government and citizen responsibilities and rights, the type of constitutional order, and the laws governing and controlling the system. 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.
The United States has the oldest written constitution, dating back to September 17, 1787, and it is notable for remaining in force for several centuries without major revision. The Constitution of India is the longest written constitution of any country, while Monaco's is the shortest. Other countries with written constitutions include France, Germany, and Brazil.
An unwritten constitution 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 and can be rigid, flexible, or a combination of both. They are typically not as structured and are based on conventions and judicial decisions.
Examples of countries with unwritten constitutions include the United Kingdom, New Zealand, and Israel. The Magna Carta, signed in 1215, is considered the world's oldest unwritten constitution and evolved into the United Kingdom's current unwritten constitution. Canada, Denmark, Sweden, and the Netherlands have mixed constitutions, with a blend of written laws and unwritten principles or traditions.
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Flexible and rigid constitutions
Constitutions are the cornerstone of a nation's governance, and their design is crucial in shaping the legal and political landscape. Two main types of constitutions are flexible and rigid constitutions, which differ significantly in how they adapt to social change and maintain stability.
A flexible constitution is characterised by its adaptability and ease of amendment. It often lacks a clear distinction between ordinary and constitutional laws, allowing for swift modifications. This adaptability is advantageous as it enables the constitution to address contemporary challenges and reflect the evolving perspectives of society. Flexible constitutions are viewed as living documents that can evolve alongside societal maturity. They are particularly beneficial for developing nations seeking progress without hindrance. The United Kingdom, for example, has an uncodified constitution that has evolved over centuries through laws and conventions.
In contrast, a rigid constitution is marked by a more stringent amendment process, requiring specialised procedures. It stands above the other laws of the country and is considered a perfect framework for all time. A rigid constitution prioritises stability and is resistant to impulsive changes. The assumption underlying its rigidity is that it preserves the sanctity of the constitution by making amendments challenging. For instance, the United States Constitution has remained largely unchanged for centuries.
The choice between a flexible and rigid constitution depends on a nation's specific context. Flexible constitutions suit dynamic societies that require swift adjustments to address changing societal needs and public opinion. On the other hand, rigid constitutions provide a robust safeguard against hasty alterations and are symbols of national efficiency.
While flexible constitutions allow for easy adaptation, they may also be seen as lacking stability and consistency. Rigid constitutions, despite providing stability, may struggle to keep pace with societal changes and may not reflect the current perspectives of society. Ultimately, the design of a constitution should consider the unique needs and characteristics of the nation it governs.
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Monarchy and republican constitutions
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 who primarily performs representative and civic functions but does not wield executive or legislative authority. The monarch's role is largely ceremonial, and they are required to act within the bounds of constitutional conventions and principles. Examples of constitutional monarchies include the United Kingdom, the Netherlands, Spain, Belgium, Denmark, Norway, Sweden, and Japan.
In contrast, a republican constitution provides for the election of a president who serves as both the head of state and government. The modern concept of a republic can be traced back to the American Constitution of 1787 and the French Declaration of Rights of 1789, which emerged from liberation struggles against colonialism and monarchy, respectively. Republicanism promotes the idea that sovereignty resides in the people, and public offices are filled by individuals deriving their authority directly or indirectly from the people.
The distinction between constitutional monarchies and republics can sometimes be blurred, with terms like "crowned republic" or "monarchical republic" being used to describe certain governments. For instance, Australia and the United Kingdom have been referred to as crowned republics, despite typically being classified as constitutional monarchies.
It is worth noting that the process of drafting and implementing a constitution can vary significantly. While some constitutions are secretly drafted over many years, others are rapidly developed in a matter of weeks or months. Additionally, the longevity of a constitution can vary, with some enduring for centuries while others are replaced within a year.
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Codified and uncodified constitutions
A codified constitution is typically produced following a major historical turning point, such as a revolution, defeat in war, or the collapse of a previous system of government. It is a formal document that outlines the fundamental rules and principles by which a nation is governed. It is usually written down in a single document, making it easy for citizens to understand and engage with the political system.
The United States Constitution, for example, has served as a model for many countries due to its enduring nature and the inclusion of a Bill of Rights. However, critics argue that codified constitutions can be challenging to update, especially in countries with elaborate amendment procedures. This can lead to difficulties in implementing controls, as seen with the issue of gun ownership in the United States and the Second Amendment hindering policy changes.
On the other hand, an uncodified constitution is a type of constitution where the fundamental rules take the form of customs, usage, precedent, statutes, and legal instruments. While the elements are typically written down in various official documents, they are not brought together in a single, unified document. The UK, for instance, has an uncodified constitution, which has been praised for its flexibility and adaptability. It allows for successive generations to influence the constitution through their elected representatives.
However, critics argue that uncodified constitutions can be confusing and ambiguous, making it challenging for citizens to fully understand the political system and identify any potential abuses of power. Additionally, the lack of a specific moment where the principles of government are deliberately decided can lead to controversies due to differing interpretations of customs and usages.
Both codified and uncodified constitutions have their advantages and disadvantages. While a codified constitution provides clarity and a fixed framework, an uncodified constitution offers flexibility and the ability to evolve with changing circumstances. Ultimately, the choice between the two depends on the specific needs and historical context of a nation.
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Presidential and parliamentary constitutions
A presidential system, as the name suggests, is characterised by a powerful executive branch headed by a president. This system has its roots in the governance of British colonies in the 17th century, which later inspired the creation of the United States Constitution. In a presidential system, the president is typically elected directly or indirectly by citizens and is not accountable to the legislature. The executive branch derives its authority from a separate source, and the president's decisions are often less constrained by the legislature. The United States, for example, has a strong presidential system, where the president is both the head of state and government.
On the other hand, a parliamentary system is exemplified by the British model, where the Prime Minister is the head of government and derives their power from the confidence of an elected legislature. The legislature can dismiss the Prime Minister with a simple majority, demonstrating the legislature's power over the executive. This system is based on the sovereignty of Parliament and has evolved over time through various historical events and legislative changes, such as the enactment of the European Communities Act 1972 and the Human Rights Act 1998.
One key difference between the two systems is their ability to respond to emerging situations. A presidential system, like the one in the United States, can act more rapidly as the president's actions are less dependent on legislative support. In contrast, a prime minister in a parliamentary system must maintain the support of the legislature, which can slow down decision-making.
While pure forms of presidential and parliamentary systems exist, some countries have adopted hybrid systems. For example, a semi-presidential system combines a directly elected president with a prime minister responsible to the legislature.
In conclusion, presidential and parliamentary constitutions provide alternative frameworks for governing a nation. The choice between these systems depends on various factors, including historical context, cultural preferences, and the desired balance of powers between the executive and legislative branches.
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Frequently asked questions
Constitutions can be classified as written or unwritten, codified or uncodified, flexible or rigid, and federal or unitary.
The United States Constitution is a written constitution. It is a relatively concise document of around 7,000 words.
The United Kingdom has an uncodified constitution. While some parts of it are written, such as the Bill of Rights (1689) and the Act of Settlement (1701), it is not a single comprehensive document.
A flexible constitution can be amended with ease, whereas an inflexible constitution contains entrenchments that make it difficult to implement changes. The British constitution is considered flexible, while the US constitution is inflexible.
