Concept of the Constitution Short Notes

 

 

Concept of the Constitution

 

 

www.learnwithsearch.com

Types of Constitutions:

On the Basis of Evolution:

Evolved Constitutions:

• The outcome of slow, gradual evolutionary processes.
• Comprised of conventions, practices, principles, and judicial decisions.
• Example: British Constitution.

Enacted Constitutions:

• Deliberately made by a constituent assembly or constitutional council, or promulgated by a king or parliament.
• Contained in a document or series of documents.
• Examples: American and Indian Constitutions.

On the Basis of Incorporation of Provisions:

Written Constitutions:

• Provisions incorporated in a book or document.
• Known as documentary or codified constitutions.
• Examples: USA, Canada, Japan, France, India.

Unwritten Constitutions:

• Comprised of conventions, practices, principles, charters, statutes, and judicial decisions.
• Products of historical evolution, not deliberately formulated.
• Examples: UK, New Zealand, Israel.

Based on the Method of Amendment:

Flexible Constitutions:

• Also known as elastic constitutions.
• Easily amended.
• Examples: UK, New Zealand.

Rigid Constitutions:

• Also known as inelastic constitutions.
• Difficult to amend.
• Examples: USA, Australia, Switzerland.

Indian Constitution:

• Synthesis of both rigid and flexible.

Based on the Nature of the Relationship between National and Regional Governments:

Federal Constitutions:

• Division of power between national and regional governments.
• Independent operation within respective jurisdictions.
• Examples: USA, Switzerland, Australia, Canada, Russia, Brazil.

Unitary Constitutions:

• Concentration of power in the national government.
• Regional governments operate as subordinate agencies.
• Examples: UK, France, Japan, China, Italy, Norway.

Indian Constitution:

• Contains both federal and unitary provisions.
• Described as quasi-federal by K.C. Wheare.

www.learnwithsearch.com

Functions of the Constitution:

Defining Boundaries:

• Declares and defines the boundaries of the political community.

Nature and Authority:

• Declares and defines the nature and authority of the political community.

National Identity and Values:

• Expresses the identity and values of a national community.

Rights and Duties:

• Declares and defines the rights and duties of citizens.

Regulating Political Institutions:

• Establishes and regulates the political institutions of the community.

Power Distribution:

• Divides or shares power between different layers of government or sub-state communities.

Religious Identity:

• Declares the official religious identity of the state and demarcates relationships between sacred and secular authorities.

Commitment to Goals:

• Commits states to particular social, economic, or developmental goals.

Reference: Indian Polity by M Laxmikanth

Practice Quiz

Thank You, If You Like It Please share...!

Please send to your friends via Whatsapp by Clicking Here