Introduction to Concept Of Constitution

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Introduction to Concept Of Constitution

Constitution defined 

Constitution is that body of rules and maxim in accordance with which the powers of sovereignty are habitually exercised.

Constitution distinguished from Ordinance 
A Constitution is of a stable and permanent character; whereas, an ordinance refers merely to a temporary law. Its object is to carry out the formation of the Constitution and the fundamental law of the state, and to provide a mode and means for an election of a full state government, including the members of the legislature. It becomes operative immediately upon its adoption.

Written Constitution defined 

A Written Constitution is one where the provisions are embodied in a single written instrument or instruments. It is the product of a deliberate effort

Parts of the Written Constitution 
1. Constitution of Liberty - this refers to a series of prescription setting forth the  fundamental civil and political rights of the citizens and imposing certain limitations on the power of the government as a means of securing the employment of those rights. This also refers to the Bill of Rights that enumerates the rights of every individual.
2. Constitution of Government - this refers to the provisions outlining the organization of the governments, particularly the three branches of the government. Executive, Judicial and Legislative, enumerating its powers, laying down certain rules relative to its administration and defining the electorate.

3. Constitution of Sovereignty - this refers to the Article of Constitution which provides for the amendments in the fundamental law.

Written Constitution distinguished from Unwritten Constitution 
A Written Constitution is one where the provisions are embodied in a single written instrument or instruments. It is the product of a deliberate effort to lay down a body of fundamental principles under which government shall be organized and conducted. An Unwritten Constitution is one where most of the provisions are not in writing. It consists largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character usually bearing different dates.

Advantages and Disadvantages of a Written Constitution 
A Written Constitution is more definite and clear than an unwritten one. This is because, it is prepared with great care and deliberation. Such cannot be easily bent and twisted by the legislature or by the court. Since it is difficult to amend, it is more stable and free from the dangers of temporary popular passion.
A Written Constitution is difficult to amend and this will prevent the introduction of needed changes to it and thereby retard the growth and progress of the State.

The Essential Requisites of a Good Written Constitution 
A good written constitution must be broad brief, and definite; broad because it
must outline an organization of the government for the whole state; brief because its nature requires that only its great outline should be marked.

Its important objects are designated and the minor ingredients which composed
those objects are to be deducted from the nature of the objects themselves; definite, because any vagueness which may result in the opposing interpretation of its provisions may cause incalculable harm and chaos to the nation.

Purposes of a Good Written Constitution 
1. To prescribe the permanent framework of the system of government, assign to
the different departments their powers and duties and establish certain fixed first
principles on which the government is founded; and
2. To promote public welfare which involves the safety, prosperity, health, and
happiness of the people. The Constitution of other countries share one purpose, to protect and enhance the people’s interests, as a nation collectively and as persons individually.

 Ways to Amend the Constitution 

1. Legislative Act Congress will sit as Constitutional body to amend the Constitution through legislation in which ¾ votes must be obtained to be submitted to the people for ratification;

2. Constitutional Convention- This calls for the convention to appropriate the body to amend the constitution and submit to the people for ratification;
3. People’s Initiative - The Constitution cannot be amended if there is no enabling law that guarantees the amendment in which 12% votes are needed to ratify the amendments.

Requisites of a Good Written Constitution 
1. It must be broad - it provides information for the organizations of entire government;
2. It must be brief - vital parts are provided ;
3. Definite - it must have limitations, else it will create chaos.

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    • Source:
      • Basic Concept Of Political Science By Artemio Saguinsin

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