Constitution

CONSTITUTION IS DEFINED AS:

body of those
written or unwritten
fundamental laws which
The

regulate the most important

rights of the higher magistrates
and the most important
essential privileges of the
subjects."

WHY DO WE NEED
CONSITUTION?
To detail the
safeguards
To state how
needed to
As a basic
your
ensure that
requirement
association is it operates
to apply for
to be
fairly on
funding
structured behalf of the
whole
community

Nature and
Purpose of a
Constitution

1) It serves as a supreme or
fundamental law

created a
government
Binding all individual citizens and
Charter that

parts of the government together as one

The ultimate law ; the law other
laws must abide by

Test of legality
officials

by government

2) Establishes the basic framework

and underlying principles of the
government

Prescribes the permanent framework

of the system of government, and

assigns to the different department or
branches, their respective powers

and duties
Establishes certain basic principles by

which the government is founded

Designed to preserve and protect

the rights of the citizens against the

powers of the state

KINDS OF
CONSTITUTION
ACCORDING
TO FORM

KINDS OF
CONSTITUTION
WRITTEN
CONSTITUTION
UNWRITTEN
CONSITUTION

KINDS OF CONSTITUTION

Written constitution
has been given
definitive written form
at particular time,

One which

usually by a specially
constituted authority called a
constitutional
convention

KINDS OF CONSTITUTION

Unwritten
One
which is entirely the product
Constitution
of political evolution,

consisting largely of a mass of

customs, usages and judicial
decisions together with a smaller body
of statutory enactments of

usually
bearing different dates.
fundamental character,

KINDS OF CONSTITUTION

KINDS OF CONSTITUTION

Pros and cons of a written

constitution

Pro: It has the advantage of

clearness, definiteness, and
rigidness that the unwritten
doesnt have. It cannot be easily
altered.
Con: It is difficult to make
changes. To change, it requires to
go through charter changing

KINDS OF
CONSTITUTION
ACCORDING
TO
THEIR ORIGIN

KINDS
Conventional or
Enacted
Cumulative or
Evolved

KINDS OF CONSTITUTION

Conventional or
Enacted Constitution
One is

enacted by a
constituent assembly
or

granted by a monarch
of his subject

KINDS OF CONSTITUTION

Japanese Constitution

Cumulative or Evolved
One which is a product of long
growth or a long period of
development originating in
customs, traditions, judicial decisions,
etc., rather than from a deliberate
and formal enactment.

KINDS OF
CONSTITUTION
ACCORDING
TO
MANNER OF

Kinds

Rigid or inelastic
Flexible or elastic

KINDS OF CONSTITUTION

Rigid or Inelastic
Constitution
One regarded as a document
of special sanctity which
cannot be modified in the same
manner as other laws except
by some special machinery,
more burdensome than the
ordinary legislative process.

KINDS OF CONSTITUTION

Constitution Of the United States of

America

Flexible or elastic
possesses no higher
legal authority than ordinary laws

One which

and which may be altered or

amended in the same way as other
laws.

Exercise
Israels constitution is an accumulated body of
documents and precedents, some of which date back to
biblical times. Is the constitution of Israel enacted or
evolved? Why?
In Sweden, constitutional amendments must be passed
by two successive legislatures, with a general election in
between. As to amendment, is their constitution rigid or
flexible? Why?
The British Constitution consists of some laws passed by
the Parliament and court decisions and no single
document has been codified as constitution to set forth
the basic principles of the organization of power. As to
form, is the British Constitution written or unwritten?
Why?

Than

k y o u!