Simone Lawson
A constitution is a set of fundamental principles or rules that constitute the legal basis of a state, organization, or other types of entities, and commonly determines how that entity is governed. It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of citizens. Constitutions can be classified as either rigid or flexible, depending on the procedure for their amendment. They also establish where sovereignty is located in the state, with three basic types of distribution: unitary, federal, and confederal. Constitutions can be written or unwritten, with most countries having a written constitution that serves as the supreme law of the land.
| Characteristics | Values |
|---|---|
| Purpose | Defines the principles upon which the state is based, the procedure for making laws, and who makes them |
| Power Distribution | Details how power is distributed between the legislature, executive, and judiciary, as well as between national and state levels of government |
| Rights | Guarantees basic rights for citizens, such as equal suffrage |
| Limitations of State Power | Establishes lines that rulers cannot cross, safeguarding fundamental rights |
| Amendments | Can be rigid, requiring a special procedure for amendment, or flexible, allowing for changes like ordinary laws |
| Sovereignty | Determines where sovereignty is located in the state, with three types of distribution: unitary, federal, and confederal |
| Institutions | Establishes independent institutions like a central bank, anti-corruption commission, and a judicial oversight body |
| Length | The Indian Constitution is the longest written constitution at 146,385 words; the Monaco Constitution is the shortest at 3,814 words |
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What You'll Learn
A set of principles governing a state
A constitution is a set of fundamental principles or established precedents that form the legal basis of a state and determine how it is governed. It outlines the organisation, powers, and limits of government institutions, as well as the rights and duties of citizens. Constitutions can be classified as either rigid or flexible, depending on the procedures required to amend them.
Within a state, a constitution defines the principles upon which the state is based, the procedure for making laws, and who makes them. It also establishes where sovereignty is located in the state, with three basic types of power distribution: unitary, federal, and confederal. Some constitutions, especially codified constitutions, act as limiters of state power by establishing boundaries that rulers cannot cross, such as fundamental rights.
A state's constitution is often referred to as the "rule book" or the "'supreme law' of the land. It sets out the fundamental rules governing a society and is generally more difficult to amend than ordinary legislation. For example, the US Constitution has an entrenched clause that prohibits abolishing equal suffrage of the states within the Senate without their consent. Changes to constitutions typically require consensus or a supermajority, and in some cases, a referendum.
The Constitution of India, one of the longest and most detailed written constitutions, serves as an example of a blend of rigidity and flexibility. It establishes a federal system of government with a large number of unitary features and adopts the British Parliamentary System of Government, based on cooperation and coordination between the legislative and executive organs.
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Written or codified, rigid or flexible, unitary, federal, or confederal
A constitution can be written or codified, rigid or flexible, and unitary, federal, or confederal. These categories describe the different ways in which a constitution can be formed and amended.
A written or codified constitution is one in which the key constitutional provisions are contained within a single written document. This type of constitution is typically more difficult to amend or abolish than an uncodified constitution, as it is considered a higher law than standard legislation. An example of a country with a written constitution is the United States. In contrast, the United Kingdom has an unwritten constitution, which is composed of various sources such as statutes, court decisions, and conventions.
Constitutions can also be classified as rigid or flexible. A rigid constitution stipulates that at least some parts of it cannot be modified using the same procedures used to enact statutory law. For example, the US Constitution requires supermajorities at both the proposal and ratification stages for any amendments. On the other hand, a flexible constitution allows for easier amendments, as the rules can be modified through the same procedures used for ordinary statutes. The UK's constitution is flexible, as any of its constitutional institutions and rules can be changed by an act of Parliament.
A unitary constitution is characteristic of a state governed as a single entity, with a central government that holds supreme authority. The central government in a unitary system may create or abolish administrative divisions and delegate powers to regional or local governments. However, it also retains the power to override the decisions of those devolved governments. France is an example of a country with a unitary constitution.
A federal constitution, on the other hand, involves a division of powers between a central federal government and multiple regional governments. In a federal system, the regional governments retain a degree of autonomy and have their own constitutions or sets of laws. An example of a country with a federal constitution is the United States, where power is shared between the federal government and the state governments.
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Revolution, defeat in war, collapse of government or independence
A constitution is a set of fundamental principles or established precedents that govern a state or organisation. It outlines the powers and duties of the government, as well as the guarantees of certain rights. Constitutions can be written or unwritten and typically include a bill of rights and a description of the political structure of the state.
Revolution, Defeat in War, Collapse of Government, or Independence:
In times of revolution, defeat in war, or collapse of government, a constitution may be changed, suspended, or disregarded. In such situations, the social contract between the government and the people is often broken, and a new constitution, or significant amendments, may be required.
During a revolution, the right to revolt is often cited as a justification for the overthrow of a government or ruler. Thinkers such as John Locke and Aristotle have discussed the right of revolution, with Locke stating that the right of violent insurrection could only be used against "unjust and unlawful force". The French Constitution of 1793, for example, included a "Declaration of the Rights of Man and the Citizen", which outlined several rights of revolution, including the right to resist arbitrary acts by force.
When a government collapses or is overthrown, a new constitution may be created, or significant changes may be made to the existing one. This can be seen as a fresh start for the nation, and the constitution may include new protections to prevent a similar situation from occurring in the future.
In the case of defeat in war, a country may be forced to accept a new constitution imposed by the victorious power. This was seen in Germany after World War I, when the Weimar Republic was established with a new constitution that included emergency presidential decree powers, which ultimately led to Hitler's dictatorship.
Finally, in the case of independence, a new nation may be formed with its own constitution, often based on the ideals of freedom and self-governance. This constitution may be influenced by the experiences of the people during their struggle for independence, and it may include provisions to prevent the new nation from suffering similar issues as their previous rulers.
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Fundamental law that's hard to amend
Constitutions are the fundamental principles or established precedents that constitute the legal basis of a polity, organisation, or other types of entities, and they commonly determine how that entity is governed. They are considered the supreme law or the "rule book" of a state, and they are generally more difficult to amend than ordinary pieces of legislation. This is because they are meant to safeguard fundamental rights and ensure citizens' rights and responsibilities.
Constitutions can be classified as rigid or flexible. A rigid constitution requires a special procedure for its amendment, while a flexible constitution can be amended in the same way that ordinary laws are made. The Constitution of India, for example, is neither rigid nor flexible but a blend of both. It establishes a federal system of government with a large number of non-federal features.
Constitutions can also be codified or uncodified. A codified constitution contains fundamental, superior law and is harder to amend than ordinary law. Most countries have a codified constitution, where the rule book is codified in a single document. The UK, on the other hand, has an uncodified constitution, written in numerous fundamental acts of a legislature, court cases, and treaties.
Amending a constitution usually requires a supermajority in the legislature, a referendum, or sometimes both. For example, amending the Japanese constitution requires a supermajority of two-thirds of both houses of the Diet, followed by a simple majority in a popular referendum. In the US, passing constitutional amendments requires a two-thirds majority of both houses of Congress, followed by approval from three-quarters of the states. Alternatively, a constitutional convention can be called by two-thirds of the US states, which can propose amendments that will then need to be approved by three-quarters of the states.
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India, US, Japan, UK, Monaco
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a country, organisation, or other types of entities, and commonly determines how that entity is governed. Constitutions concern different levels of organisations, from sovereign countries to companies and unincorporated associations.
The Indian Constitution is the lengthiest of all the written constitutions in the world, with 450 articles divided into 24 parts and 12 schedules. It establishes a federal system of government, with a strong centralising tendency, and a secular state. It also sets out the aims and objectives to be taken by the state in the governance of the country, and outlines fundamental duties of the citizens. The Indian Constitution has opted for the British Parliamentary system of government.
The US Constitution is one of the oldest codified constitutions in the world, superseded by the Articles of Confederation, the nation's first constitution, on 4 March 1789. It consists of seven articles that define the basic framework of the federal government, embodying the doctrine of the separation of powers. It is one of the few in the world today that still features the right to keep and bear arms. The US Constitution is also one of the most difficult in the world to amend.
The UK does not have a 'written' or 'codified' constitution. Instead, it has a constitution spread across numerous fundamental acts of a legislature, court cases, and treaties. Acts of the UK Parliament form a major source for aspects of the UK constitution, providing for the right to vote and the holding of elections, the upholding of human rights, the prohibition of discrimination, and the existence of the Supreme Court, among other things. The UK also has a common law system, where judges declare the law as derived from custom and precedent.
The Constitution of Monaco, first adopted in 1911 after the Monégasque Revolution, is the shortest constitution in the world. It outlines three branches of government, including several administrative offices and a number of councils, who share advisory and legislative power with the prince. The prince retains the highest executive power, but the principality's head of government is the minister of state, who enforces the laws. Judicial power is also invested in the prince, who delegates judicial procedures to the various courts.
Japan does not have a written constitution.
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Frequently asked questions
A constitution is a set of rules and regulations that outline the fundamental principles and established precedents that govern a state or organisation. It determines how power is distributed among different branches of government and guarantees certain basic rights to citizens.
Constitutions can be classified as either rigid or flexible. Rigid constitutions require a special procedure for any amendments to be made, while flexible constitutions can be amended in the same way as ordinary laws. Most constitutions are a blend of both rigidity and flexibility. Constitutions also vary in length and level of detail, with the Constitution of India being one of the longest and most detailed, while the Constitution of Monaco is one of the shortest.
Constitutions can be categorised into two main types: written and unwritten. A written constitution is typically codified in a single document or set of legal documents, while an unwritten constitution, like the UK's, is found in various fundamental acts of a legislature, court cases, and treaties. Constitutions can also be classified by the distribution of sovereignty, with unitary, federal, and confederal systems recognised. Additionally, constitutions can be created following a revolution, war, collapse of a government, or attainment of independence. Constitutions can also be created for societies and companies, outlining rules and values for the organisation.
