CONSTITUTION

Meaning
Constitution is the body of rules and maxims in accordance with which the powers of the state
are habitually exercised.

Concept
The purpose of the constitution is to establish the articulation of the state mechanisms for the
limitation and control of political power, and the promotion of collective good of the people.
Constitution is the main organic authority; it states the basic principles and outlines the framework of
the government and the law. It implies peoples adherence to law and loyalty to the Republic, and to the
government in which one renders habitual obedience. It gives one a sense of rational knowledge and
respect for the legitimate order of the political body.

Nature and Purpose

1. It serves as a supreme or fundamental law
It is the charter that created a government
It is binding all individual citizens and parts of the government together as one
It is the ultimate law; the law in which other law must abide
It is the test of legality by government officials
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
To establish 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

Form
a. Written constitution a formal document defining the nature of the constitutional
settlement the rules that govern the political system and the rights of the citizen and
government in a codified form.

b. Unwritten constitution is a kind of constitution in which most of the principles of the

government have never been enacted in the form of law. It consists of customs,
conventions, traditions and some written laws bearing different dates. It is unsystematic,
indefinite and imprecise. Such kind of constitution is not a result of conscious and deliberate
efforts of the people.

Origin and History

a. conventional or enacted enacted by a constitution assembly or granted by monarch of his
subject
b. cumulative or evolved constitutions which develop gradually according to the experiences,
customs, and tradition of the people

Manner of amending
a. rigid or inelastic characterized by the difficulty of the amendatory process. A special
procedure is followed in changing certain provisions in the constitution, subject to popular
ratification.
b. flexible or elastic constitution that is easy to amend. Thus, it can adjust itself with ease to
changing condition and needs of the times.

Scope of constitutional law

Constitutional Law is the fundamental law of a state that defines the powers of the state,
constitutes and delineates the organs of government, and limits governmental powers. In addition to
dealing with the organization of state and government, constitutional law also concerns itself with the
relationship between government and citizens, more specifically with the rights and privileges of the
individual vis--vis the state.
Because of its fundamental character, constitutional law is legally superior to other types of law.
Most commonly, constitutional law is laid down in a special, written document or set of documents, a
constitution, that is regarded as the supreme law of the land. A constitution almost always contains a
special procedure for amendment in order to prevent facile alteration.
The constitutional law of a country is not strictly limited to the rules of the constitution; it also
encompasses statutes concerning the structure and functions of central and local governments and their
relations with the citizens. In addition, it incorporates judicial decisions (particularly those concerning
the interpretation of individual rights and privileges), constitutional conventions, and political practice.
In a number of countries certain provisions of international treaties to which these states are a party are
now considered part of constitutional law as well.

In delineating the powers of the state and the government, the idea of separation of powers
plays an important role. Two variants of this theory of politics can be distinguished: one variant concerns
the different branches of government; the other relates to a territorial division of state power. The first
asserts that liberty can be safeguarded only in a political system in which governmental power is divided
into three different functional brancheslegislative, executive, and judicial. Each of these branches is
assigned different organs that are expected to adhere to their own functions. The second variant, called
division of powers, refers to the territorial division of state power, which has been established in most
contemporary states between a central and a local level.
Bill of rights has been also incorporated in constitutions in order to safeguard basic individual
rights, such as freedom of speech and press, freedom of religion and worship, and freedom of
association and assembly, among others. These rights aim to protect the individual from state
interference. Many modern constitutions have incorporated other rights as wellsuch as the right to
shelter, to employment, and to health carerequiring the state to undertake positive action for their
implementation.