Decoding the Constitution: Principles, Functions, and Governance Dynamics
The term ‘constitution’, refers to a set of principles outlining the organization and functioning of the government, as well as the relationship between the government and the people in terms of their rights and duties. The constitution is also described as the ‘Fundamental law of the land’, ‘Supreme law of the state’, ‘Basic law of the country’, ‘Instrument of the government’, ‘Rules of the state’, ‘Basic structure of the polity,’ and ‘Ground norm of the country’.
CLASSIFICATION OF CONSTITUTION
- Evolved Constitution: Result of gradual evolution, provisions in conventions, practices, and judicial decisions.
- Example: British Constitution.
- Enacted Constitution: Deliberately made by a constituent Assembly or Constitutional council, provisions in a book or document.
- Example: American and Indian Constitutions.
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- Written Constitution: Provisions in a book or document, consciously formulated by a constituent assembly or constitutional convention.
- Examples: USA, Canada, Japan, France, India.
- Unwritten Constitution: Provisions found in conventions, practices, principles, statutes, and judicial decisions.
- Examples: UK, New Zealand, Israel.
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- Federal Constitution: Divides power between national and regional governments, and allows independent operation.
- Examples: USA, Switzerland, Canada, Russia, Brazil.
- Unitary Constitution: Concentrates power in the national government, regional governments subordinate.
- Examples: UK, France, Japan, China, Italy, Norway.
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- Procedural Constitution: Defines legal and political structures, and sets legal limits to protect democratic processes and human rights.
- Prescriptive Constitution: Imposes a broad consensus on societal goals, guiding public authorities in achieving common objectives.
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- Rigid Constitution: Requires a special procedure for amendment, and distinguishes constitutional law from ordinary law.
- Examples: USA, Australia, Switzerland.
- Flexible Constitution: Amended like ordinary laws, no special procedure. Also known as an elastic constitution.
- Examples: UK, New Zealand. India is a synthesis of both.
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Conclusion
- The classification of constitutions based on their characteristics, such as evolution, enactment, written or unwritten nature, federal or unitary structure, procedural or prescriptive framework, and rigidity or flexibility, provides valuable insights into the diverse approaches to governance around the world.
- While each type has its advantages and challenges, India’s Constitution stands out as a synthesis, combining elements of enacted, written, federal, procedural, and flexible characteristics, reflecting the complexities and aspirations of its diverse population.
March 26, 2024
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