Professional Documents
Culture Documents
Introduction
Definitions
Classification of Constitution
Types of Constitution with Features Merits
and Demerits
Conclusion
References
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INTRODUCTION
For a state to be properly governed there are terms or phenomenon
that are needed for a sustainable government and these terms led to
the creation of constitution. Below are some critical looks into the
definition of constitution.
DEFINITIONS
Oxford advanced learners dictionary of the 7th edition defined
constitution as the system of laws and basic principles that a state, a
country or an organisation is been governed.
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CLASSIFICATION OF CONSTITUTION
By written Written and unwritten
By amendment Flexible and rigid
By government system Federal, unitary and confederal
TYPES OF CONSTITUTION
i. Written constitution
ii. Unwritten constitution
iii.Flexible constitution
iv.Rigid constitution
v. Unitary constitution
vi.Federal constitution
vii. Confederal constitution
i. WRITTEN CONSTITUTION:
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A written constitution refers to when the whole body of
fundamental laws, customs, conventions, principles, rules and
regulations according to which a particular government of a
country operates her documented down. This implies that a written
constitution can only be found in a single document. Countries like
U.S.A., Nigeria, France Ghana, Gambia etc practices this form of
constitution.
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v. It reduces the rate of dispute among organs of government since
their functions are clearly written in the constitution
vi.It helps to reduce or remove the dictatorial tendencies of the
rulers since their actions are compared with the power
allocated to them by the constitution.
UNWRITTEN CONSTITUTION
This is a form of constitution in which the whole body of fundamental
laws, customs, conventions, principles, rules and regulations
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according to which a particular government of a country operates are
not written down or codified in a single document. It is a direct
opposite of written constitution. Britain, New Zealand are good
examples of countries that have unwritten constitution.
However, Britain have left the different parts of their constitution
without attempting to bring them together to complete them or to
make them a consistent or coherent whole. For example, the magna
carta act of 1215, reform act of 1832, and the bill of rights of 1689.
FLEXIBLE CONSTITUTION
This is a form of constitution which can be amended or changed
easily without stringent and cumbersome procedures. Flexible
constitution can be amended with the same procedures used in
making ordinary laws. It requires simple majority for a flexible
constitution to be amended. Britain, Italy, New Zealand, Ghana
(Independence Constitution of 1957) etc are examples of countries
that have flexible constitution.
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v. It does encourage revolution of civil war since its flexibility
does not make for a violent change or amendment.
vi.The customs and values of people are easily included in the
flexible constitution; this makes it more appealing to the
peoples feeling.
RIGID CONSTITUTION
The rigid constitutions are constitutions which is very difficult to
amend or change. The procedure for the amendment of a rigid
constitution is different from the process for making ordinary laws.
Rigid constitution is normally written constitution but not all written
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constitution is normally rigid. The United States of America, Canada,
France and Australia have rigid constitution.
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iv.It will be very expensive, time and energy consuming in
conducting referendum for the changing or amending of a
rigid constitution
v. Its inflexibility makes it difficult to make quick decision in time
of emergency
FEDERAL CONSTITUTION
A federal constitution refers to the one in which constitutional powers
are divided between the central government and its component units
that is the state and local government level, so that each government
is legally and constitutionally independent and autonomous. A
country that adopts this type of constitution is known as a federation
and the system is referred to as a federal system of government.
Examples of countries with federal constitutions are Nigeria, Federal
Republic of Germany, Brazil, India etc.
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CONFEDERAL CONSTITUTION
The confederal constitution states the relationship between sovereign
states on a common course of action on certain specified international
circumstances. What therefore binds these sovereign states together is
not much of what can be described as a constitution, but a mere treaty
of alliance. The confederal constitution has no direct effect on
sovereign nation. The citizens of sovereign states can wholly obey the
constitution of their countries. A confederation is a league of
friendship from which member states have the right to withdraw.
Confederation is also defined as a loose federation. Example is
Senegambia which is as a confederation made of sovereign (Senegal
and Gambia).
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iv.Confederal constitution guarantees wider consultation especially
in the formulation of policies that concerns all states
DEMERITS
i. The flexible nature of the constitution of a federation is a major
reason why it is criticized by many people.
ii. It is not popular because it has a weak central government.
iii.Major functions of the power of government are reserved for the
component states instead of the central government.
iv.Confederation looks like a useless exercise because the
constitution makes the components states more powerful than
the central government.
v. It does not guarantee political unity rather it encourages
disintegration
CONCLUSION
Thomas Hobbes stated that a society without people governing them,
that society will degenerate to a primitive society, therefore a country
without constitution will lead to the state of anarchy (state of
lawlessness). It is at this junction that every state needs to have a
proper constitution in place so as to bring about good governance.
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REFERENCES
i. Basic approach to government - (Segun Aderibigbe pg 34)
ii. Comprehensive government for senior secondary school - (J. U.
Anyaele pg. 52)
iii.Google search
iv. Government and Politics in Nigeria by (Mukaila Sanni. Pg
40)
v. Oxfords Advanced Learners Dictionary of the 7th edition
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