Constitution and types of Constitution

CONTENT:

• Definition, Sources and Features of Constitution

Definition: A constitution may be defined as a whole body of fundamental laws, customs, conventions, principles, rules and regulations according to which a particular government of a country or an organization is governed. The constitution therefore specifies the work and functions of a government or organization, the functions of its officials, the rights and duties of its citizens or members.

SOURCES OF CONSTITUTION

The following are the sources of any given constitution.

• Past experiences: The historical, social, economic, geographical and historical experiences of a country serve as a major source of its constitution.
• Acts of Parliament: These are bills passed into law in the parliament. They also form parts of the constitution.
• Decrees: These are laws made by military government in many countries.
• Judicial precedence: These are previous and important judgments made or passed in higher courts like Supreme Court.
• Customs and Norms: These are practices and observances that are not written down as part of the constitution but are accepted as part of the way the government functions.
• Conventions: These are precepts or rules and guides for behaviour that are not written down with which the people show their disapproval when violated.
• Constitutional Conferences: Such constitutional conference that were held in London and West Africa before granting independence to Ghana, Nigeria, Sierra-Leone and the Gambia.
• International Laws: These are laws that are made by international organizations like UNO International Civil Aviation Convention. All serves as sources of constitution.
• History of the People: Historical documents such as treaties, the Magna Carta 1215, Bill of Rights 1689 in Britain serve as the sources of their constitution.
• Intellectual Works: Works of intellectuals such as Locke, Marx, Hobbes, Dicey and others are used for drafting of constitution.

EVALUATION QUESTION

• Define constitution
• Mention 6 sources of constitution.

FEATURES OF CONSTITUTION

• ThePreamble: The constitution has a preamble or an introduction which states the ideological stand of the constitution.
• The Political Structure: It states the structure of government, whether unitary or federal and at the same time defines the division of powers among the component units of the state.
• The onstitution names the organs of government and specifies their functions and relations to one another.
• It maintains political stability by specifying the mode of changing the government peacefully.
• It stipulates the rights and duties of citizens.
• It protects the rights and liberties of individuals in a country.
• The constitution states how long a government can stay in office.
• The constitution states the process by which it can be amended.
• A constitution prevents leaders from becoming too powerful and dictatorial.
• A constitution serves as a symbol of nationhood and sovereignty.

TYPES OF CONSTITUTION

CONTENT

Written, Unwritten, Rigid, Flexible, Unitary, Federal and Confederal Constitution with Merits and Demerits of Each Type

A written constitution: This refers to a constitution that is written down. The whole body of fundamental laws, customs, conventions, principles, rules and regulations according to which a particular government of a country is governed, are written and codified in a single documented. Examples of countries with a written constitution are Nigeria, USA, India, France, Canada, Sierra Leone, Gambia etc.

FEATURES OF WRITTEN CONSTITUTION

• It is written down in a single document
• A written constitution has a preamble.
• It stipulates the method and conditions of its amendment and change.
• A written constitution looks very simple because it can be obtained in a single document.
• It spells out the fundamental human rights and duties of a citizen of a country.
• A written constitution is usually rigid.

ADVANTAGES

• A written constitution can be obtained and consulted as a single document
• It has easy reference in case of dispute
• Both lawyers and laymen can get hold of it and read it in order to know their duties and rights.
• A written constitution removes ambiguity normally experienced with unwritten constitution.
• It can be amended or changed at any appropriate time.
• Minority interests are protected in the constitution.
• It ensures stability, defining the powers of government and specifying how they can be exercised and thus reducing areas of conflict.

DISADVANTAGES

• Most written constitutions are rigid and therefore they create problems of amendments.
• It may lead to constant disaffection if it does not favour some sections of the country.
• Unless a written constitution is frequently amended, it will not meet both the present and the future needs.
• Written constitution does not fit all types of government like unitary system of government.
• The judiciary may become too powerful because of its power to interpret constitution.
• It is time consuming to amend.
• It amendment process may be expensive.

UNWRTTEN CONSTITUTION

An unwritten constitution refers to when the whole body of fundamental laws, customs, conventions, rules, and regulations according to which a particular government of a country operates are not written down or codified in a single document.

Examples of countries with unwritten constitution are Britain and New Zealand. Some part of unwritten constitution may be written down while some may not.

ADVANTAGES

• Unwritten constitution has a high degree of flexibility which can easily adapt to a country’s changing socio-political and economic situation.
• An unwritten constitution makes for easy and quick decisions.
• It does not pose problems for amendment.
• Its non-rigidity makes for a high degree of compromise between the organs of government.
• It meets both the present and future needs of a country.
• The constitution can easily be interpreted because of its flexibility.
• It is suitable in times of emergency.

DISADVANTAGES

• It is prone to abuse by the government and individuals since the laws are not codified in one document.
• Unwritten constitution can encourage dictatorship.
• It does not create room for individuals to know their duties and rights.
• It encourages violation of citizen’s rights.
• It does not suit a federal system of government.
• It does no encourage stability especially in big countries.

EVALUATION QUESTION

• Define written constitution
• Mention 5 advantages of a written constitution
• Mention 5 demerits of unwritten constitution.

RIGID CONSTITUTION

A rigid constitution may be defined as that constitution which cannot be amended or changed so easily because of its special stringent and cumbersome procedure of amendment. Rigid constitutions are normally written constitutions but not all written constitutions are rigid. Not all sections of a rigid constitution are difficult to amend.

Examples of countries with a rigid constitution are USA, Australia, France, Nigeria, Sierra Leone, Gambia etc.

ADVANTAGES OF RIGID CONSTITUTION

• A rigid constitution is difficult to amend or change and this prevents hasty actions.
• It prevents dictatorial leaders from amending the constitution to serve their dictatorial interest.
• It protects the interest of the minority groups.
• It ensures political stability in a country because no section can amend the constitution to its favour.
• It removes constitutional ambiguity.
• It allays fears of ethnic domination by the majority groups in a multi ethnic nation like Nigeria.

DISADVANTAGES

• Its amendment or change is stringent and cumbersome.
• Its inflexibility makes it difficult to take quick actions in times of emergency.
• It creates room for revolution or civil war which brings about its violent change or amendment.
• It will be very expensive, energy and time consuming in conducting referendum for the changing or amending.
• The amendment of rigid constitution may lead to slow economic growth and development.

FLEXIBLE CONSTITUTION

A flexible constitution may be defined as the constitution which can be amended or changed so easily without stringent and cumbersome procedures. It requires simple majority for a flexible constitution to be amended. Some flexible constitutions are written, while others are unwritten. Britain, Italy New Zealand, Ghana are good examples of countries that have flexible constitution.

ADVANTAGES OF FLEXIBLE CONSTITUTION

• A flexible constitution is easy to amend.
• It is flexible and allows for quick action to be taken in time of emergency.
• It does not encourage revolution or civil wars since its flexibility does not make for violent change or amendment.
• Its amendment is not expensive, time or energy consuming.
• Old constitutional rules can be easily replaced with new ones.

DISADVANTAGES

• A flexible constitution can be amended in a hasty and thoughtless manner because it is easy to amend.
• It encourages dictatorship because; leaders with dictatorial tendencies can easily amend it to suit their dictatorial whims and caprices.
• It does not ensure political stability because one section of the country can easily amend it to its favour.
• A flexible constitution is enveloped by constitutional ambiguities
• It does not allay fears of ethnic domination by the majority ethnic groups in a multi- ethnic nation.

EVALUATION QUESTION

• What is a rigid constitution?
• Mention 4 merits of a rigid constitution.
• Mention 4 merits of a flexible constitution.

FEDERAL CONSTITUTION

CONTENT

A federal constitution refers to the one in which governmental powers that exists in the country are shared between a central government that represents whole country and government of component states so that each government is legally and constitutionally independent. A country that adopts this type of constitution is known as a federal system of government. Examples of countries with federal constitution are USA, Nigeria, Federal Republic of Germany, Brazil, Switzerland, Australia, India etc.

FEATURES OF A FEDERAL CONSTITUTION

• Division of governmental powers among the central government and the component states
• It guarantees the supremacy of the constitution.
• The different governments derive their powers from the constitution.
• It is always rigid
• It has judicial interpretation and review.
• It allows bicameral legislature to operate
• There is supremacy of the central government
• Duplication of the organs of government exists.

REASONS FOR THE ADOPTION OF A FEDERAL CONSTITUTION

• It is useful in a multi ethnic nation
• It is used to take care of linguistic differences
• It is used to form a federation in order to unite different groups.
• It is used to form a common central government that will guarantee a strong security.
• It is adopted to maintain political stability
• It is adopted in order to take care of large population
• The vast geographical area of a country necessitates the adoption of a federal constitution.
• The need for economic stability makes the adoption of a federal constitution to be necessary.
• Fear of domination of minority groups by the majority groups makes the adoption of a federal constitution to be imperative.
• Fear of external aggression makes federal constitution necessary
• It is adopted to take care of religious differences of the people
• It takes care of the racial and cultural differences of the people.

EVALUATION QUESTIONS

• What is a federal constitution?
• Mention7 reasons for the adoption of a federal constitution.

ADVANTAGES OF A FEDERAL CONSTITUTION

• It unites people of different political ,social and geographical areas together
• It maintains the independence of the judiciary.
• It prevents monopoly of power in a country
• It protects the interest of the minority groups.
• It guarantees strong security in a country.
• It makes room for wider representation of the people.
• It allays fear of external aggression
• It prevents ethnic domination of the minority by the majority groups.
• It maintains political stability among diverse ethnic groups.
• It encourages healthy competition
• It leads to the creation of employment opportunities
• It leads to checks and balances thereby preventing tyrannical use of powers.

DISADVANTAGES OF A FEDERAL CONSTITUTION

• It emphasizes the differences among the different ethnic groups in a country
• It creates a weak central government.
• Duplication of powers leads to increase in expenditure.
• It increases sectional consciousness.
• Political rivalry leads to political instability.
• It increases secession.
• It leads to inflation of population census figures.
• It often leads to election rigging.
• It creates problem in the share of national cake.

UNITARY CONSTITUTION

CONTENT

A unitary constitution refers to one that concentrates authority in a single central government. It does not share governmental powers with any other subordinate government. Examples of counties with unitary constitution are Britain, Belgium, Zealand, Sweden, Sierra Leone, Gambia, etc.

ADVANTAGES OF UNITARY CONSTITUTION

• It is flexible and therefore easy to amend
• Its flexibility allows for quick decision and action to be taken.
• It adapts easily to the changing conditions in a country.
• It is less expensive to operate.
• It creates room for internal stability.
• It fosters national unity.
• It instills the spirit of nationalism in the citizenry.
• It prevents waste of both human and material resources as a result of non-duplication of government
• Its non-division of powers and authority makes the central government stronger.

DISADVANTAGES OF UNITARY CONSTITUTION

• It narrows the scope of political participation.
• There is little or no room for local autonomy on customary issues.
• It can lead to the emergence of a dictator.
• It may not tolerate interest groups.
• The fundamental human rights of the citizens may not be guaranteed.
• The constitution can be easily amended for selfish reasons.
• It can lead to abuse of political power.
• Domination by a group may engender tendency for secession.

EVALUATION QUESTION

• Define unitary constitution
• List 5 merits of unitary constitution

CONFEDERAL CONSTITUTION

CONTENT

A Confederal constitution can be defined as one in which almost major powers and functions of government are reserved exclusively for the components states apart from the common currency, defense and foreign affairs in which the central government may hold power. Examples of confederacy are Switzerland, Senegal, and Gambia before 1982.

ADVANTAGES OF CONFEDERAL CONSTITUTION

• There is mutual benefit among member states in different areas of interest.
• No member state was forced to become a member of the union since they can secede at any time.
• Citizens have to obey only one government, that is, that of their own state.
• There is unity of states as independent states, big and small, rich and poor are brought together for a common purpose.
• All the member states which make up the confederation are equal. No state can claim superiority over others.
• The component states have full control over their internal affairs.

DISADVANTAGES OF CONFEDERAL CONSTITUTION

• Confederacies bring about political instability.
• There is no effective central authority because a sovereign power cannot be located in a confederation.
• There is no spirit of nationalism in a confederation.
• The right of members to secede can destabilize and break the union.
• Confederation is a loose union of sovereign states.
• Policies discussed may not be effectively implemented in their respective countries.

EVALUATION QUESTIONS

1. What is confederal constitution?
2. Mention 5 disadvantages of confederal constitution.                            

GENERAL EVALUATION/REVISION QUESTION

1. Why do some countries adopt written constitutions?
2. Outline the major features of the constitution of a state.
3. What are the basic features of a flexible constitution?
4. Distinguish between constitution and constitutionalism.
5. List and explain the sources of Authority.                                              

WEEKEND ASSIGNMENT

1. Unwritten constitution means that the constitution isA. not contained in any single document  B. not written downC. based on only conventionsD. codified in a single document
2. One of the following is a feature of a federal constitution A. it is flexible B. it is less expensive to operate C. it unites people of different political and social origin together D. it is suitable for a small country
3. A constitution that concentrate power in a single authority is termed A. federal 

B. unitary C.confederalD. presidential

• A flexible constitution encourages (a ) Democracy B. Dictatorship  C. unity and peace

D. None of the above

• Which of the following countries has a written constitution?  A.Britain B. New Zealand C. USA

THEORY

1. State the types of constitution that you know.
2. Mention the features of a written constitution.

READING ASSIGNMENT

TOPIC: Types of constitution

Comprehensive Government pages 55-60.

Essential Government pages 53-60.

EVALUATION QUESTION

• Mention 5 features of constitution.

GENERAL EVALUATION/REVISION QUESTIONS

1. Explain the following terms; (i) Acts of parliament (ii) Preamble (iii) Judicial precedents
2. List and explain the sources of a constitution.
3. Highlight 5 features of a constitution.
4. List and explain 5 features of government.
5. Give 5 reasons why we study government.

WEEKEND ASSIGNMENT

1. A constitution can best be described as A. a general book of laws B. the fundamental laws to guide the government of a state C. the compiled laws of a stateD. principles of the society
2. A constitution must have A. a frame B.a preamble C. lessons to learn D. conclusion
3. All are the sources of a constitution except A. historical documents B. intellectual works C. sources of income D. customs and traditions
4. A constitution specifies the A. religious belief of the people B. state of mind C. modus operandi D. movement of people
5. The essence of the constitution is to A. safeguard the rights and freedom of the citizens B. suppress the views of the minority groups C. encourage military intervention in politics D.encourage dictatorship

THEORY

1. Explain the sources of a constitution
2. Mention the characteristics of a constitution.

READING ASSIGNMENT

TOPIC: Types of constitution

Comprehensive Government pages 55-60.

Essential Government pages 53-60.