The Constitution

Meaning of Constitution

A country’s constitution is the body of basic laws, principles, conventions, rules and regulations which govern the country. It is a document that establishes the institutions of the government and defines their powers, as well as relationship between various organs and agencies of government. It also contains the right and duties of the country’s leaders and citizens. A constitution is superior to all its other laws.

Sources of Constitution

1. Legislation: These are bills passed into law in the parliament.
2. Customs and Conventions: Constitutions derive also from customs and conventions which are strictly obeyed in society, but which have not been written down.
3. Judicial Precedents: Constitutions derive much of their provisions from court judgments passed on very important subject
4. International Document: The provisions of important documents such as the UN conventions on human and people’s right, form part of the constitution.
5. Past Experiences: The geographical, historical, political, economic, social and religious experiences of people also help to shape the constitution.
6. Intellectual Works: Ideas are sometimes borrowed from the works of political thinkers like A.V. Dicey, Karl Marx, and Thomas Hobbes, in constitution making.
7. International Laws: International laws such as the ones made by international organizations like UN. These laws include the International Civil Aviation Convention (ICAC), International Laws of the Seas (ILAO).
8. Constitutional Conferences: Sometimes, some countries organize conferences where their constitutions are drafted. Countries that have produced their constitution in this way include the US, Nigeria and Ghana.
9. Decree: Laws made by military through the promulgation of decrees also serves as sources of constitution.

EVALUATION

1. What is a constitution?
2. Explain four sources of the constitution?

 The Scope of a Constitution

1. Preamble:The preamble is located at the beginning of a (written) constitution. It is an expression of the ideas, purposes and aspiration of the people. The preamble also states the reason why the particular constitution is being produced.
2. Distribution of Power: The power and functions of the three main organs of government; the legislature, the executive and the judiciary, as well as those of agencies as the armed forces and the police are clearly defined. Also, it states the powers that are shared among the three arms of government. That is; (i) Federal powers are located in Exclusive list (ii) State powers are located in Residua list (iii) While the powers which belong to the federal and state government are in concurrent list
3. Procedure for Amendment: Procedure for constitutional amendment is usually specified in many constitutions. In some, the constitution can be fairly easily amended by the same procedure as for the passage of bills into law, while in others; the constitution can only be amended by a complex procedure different from that of passage of bills into law.
4. Right of Citizen: The provision of most constitution guarantees the citizen’s fundamental rights. Such rights include right to life, civil liberties, legal rights etc. the inclusion of these rights in the constitution helps to ensure against the arbitrary use of governmental power.
5. The Structure of Government: The existing major organs of government are defined that is the executive, legislature and judiciary. The constitution clearly states the qualification of the people to occupy each organ.
6. Political Structure: The constitution will state whether the state or country is a federal or a unitary or a con-federal structure. In other words, the power structure of the state is clearly stated.
7. The Party System: This refers to whether the country is one party state, two parties or a multiparty state as well as the electoral system to be adopted.
8. The system of government in operation, types of civil service, separation of power and citizenship qualifications are also contained and stated in the constitution.

Features of a Constitution

1. It contains fundamental principles and objectives of the state that is ideology
2. A constitution of a country specifies the rights and duties of the citizens.
3. It states the type of government to be adopted in a country.
4. It establishes the political structure of a country, for example federal or unitary.
5. It defines the political institutions including their functions. That is the Legislative, Executive and Judiciary.
6. It states whether the legislature is unicameral or bicameral
7. It defines the type of party system that will operate in a country, for example one party or multi party system.
8. It defines citizens’ fundamental human rights including the duties and obligations of the citizens.
9. It provides for revenue allocation
10. It provides for budgetary allocation.
11. It provides a platform for the commencement of the constitution.
12. It contains the procedure for amendment.

EVALUATION

1. Highlight four scope of a constitution
2. State six features of a constitution

 Types of Constitution

The following are the types of constitution

1. Written constitution
2. Unwritten constitution
3. Rigid constitution
4. Flexible constitution
5. Federal constitution
6. Unitary constitution

Written Constitution

A written constitution refers to a constitution that has its fundamental laws, conventions, principles, customs, norms, rules and regulations which governs a country written down in a single document. Examples of country that operate written constitutions are Nigeria, USA, Canada, Ghana, France and India.

Advantages of Written Constitution

1. A written constitution is easy to refer to.
2. Citizens are better aware of their fundamental rights.
3. It serves as a proud symbol of nationhood.
4. A written constitution helps ensure political stability.
5. It has easy reference in case of disputes.
6. Easy documentation: it is a type of constitution which provides all laws and rules relating to organs of government, political system, rights and obligation of citizens in codified and documented version.
7. Amendment process: Written constitution also states clearly the process, procedures and methods of amendment.
8. It removes ambiguities: Any form of ambiguity and complexity relating to a constitution can easily be taking care of only when the constitution is in a written form and presented in a single document.

Disadvantages of Written Constitution

1. It is subject to frequent litigation.
2. The rigid nature of written constitutions makes them difficult to amend.
3. It is not easily adaptable to changing conditions and times.
4. Written constitutions do not often cover all subjects that may be required of a constitution.
5. Unfit for some form of government: Written constitution can fit or be suitable for certain political system and system of government. Such as unitary system of government.
6. Problems of interpretation: Due to the fact that written constitution is also rigid, it means that there will be a great difficulty in interpreting some of the provisions of the constitution for proper implementation.

Unwritten Constitution

An unwritten constitution is one in which the fundamental laws, conventions, principles, customs, norms, rules and regulations which govern a country are not written down in a single document. It is the opposite of written constitution. Britain and New

Advantages of an Unwritten Constitution

1. It is flexible and as a result, easy to amend.
2. An unwritten constitution makes for easy and quick decisions.
3. Its non-rigidity eliminates many potential areas of dispute in governance
4. An unwritten constitution evolves with time and is therefore responsive to changing conditions.
5. Easy interpretation: It is a type of constitution which does not pose any difficulty in the interpretation of it major provisions due to it flexibility.
6. It represents the people: Most aspect of unwritten constitution are developed from the culture, tradition and historical experience of the people there by representing and reflecting their social norms.

Disadvantages of an Unwritten Constitution

1. Since it is easy to amend, government might be tempted to amend it at will.
2. It is difficult for citizens to know their rights and duties.
3. In cases of disputes, it does not make for easy reference.
4. It does not ensure political stability especially in a vast area.
5. Dictatorship: it can encourage dictatorship.
6. Violation of citizen’s right: it does not prevent the violation of citizen’s right.

Rigid Constitution

A rigid constitution is a constitution that cannot be easily changed because its amendment process is cumbersome. Examples of countries with rigid constitutions are Nigeria and United States of America.

Advantages of Rigid Constitution

1. It is difficult to amend; government officials cannot change it to suit themselves.
2. A rigid constitution helps to ensure an orderly change of government.
3. A rigid constitution helps to make for political stability
4. It removes constitutional ambiguity.
5. It protects the interest of the minority group.

Disadvantages of Rigid Constitution

1. Its amendment procedure is cumbersome.
2. It is expensive.
3. It is not suitable for emergency situations.
4. It can make the judicial arm of government to be politicized.
5. It delay rapid growth and development.

Flexible Constitution

Flexible constitutions are those in which an amendment does not involve any lengthy or difficult procedure. Examples of countries with flexible constitutions are Britain, Italy and New Zealand.

Advantages of Flexible Constitution

1. Its procedure of amendment is easy
2. It reduces the chances of political instability
3. It protects the interests of the people in the process of governance.
4. It helps government to take quick decision in time of emergency.
5. It reduces the problem of constitutional conflicts and legislation among citizens and between citizen and the government.

Disadvantages of a Flexible Constitution

1. It is prone to dictatorship
2. Unplanned bills could find their ways into the constitution.
3. It does not suit federal system of government.
4. It can encourage frequent amendment which may affect government policies.
5. It does not ensure political stability.

Federal Constitution

A federal constitution refers to one in which governmental powers that exist in the country are shared between a central government and the component states. The United States of America and Nigerian constitutions are good examples.

Advantages of Federal Constitution

1. It maintains the independence and autonomy of the component states.
2. It protects the interest of the minority groups.
3. It makes room for wider representation of the people.
4. It unites people of different political, social, cultural etc origin together.

Disadvantages of Federal Constitution

1. It duplication of powers and government leads to increase in government expenditure.
2. The political rivalry that exists among different government leads to political instability.
3. It emphasizes the differences among the different ethnic groups in a country.
4. It creates problem in the sharing of the wealth of the country among different component states.

Unitary Constitution

A unitary constitution refers to one that concentrates governmental powers and authority in a single central government. Examples of countries with unitary constitution are Britain, Italy, France, Belgium, New Zealand, Sweden, Ghana Togo etc.

Advantages of Unitary Constitution

1. A unitary constitution is flexible and easy to amend.
2. Unitary constitution is less expensive
3. It instills spirit of nationalism and patriotism in the citizens.
4. Its flexibility allows for quick decision and action to be taken in time of emergency

Disadvantages of a Unitary Constitution

1. Its amendment can be done in a hasty manner since it is flexible
2. It does not encourage bringing government nearer to the people
3. It does not make room for wider representation of the people in the government.
4. It is not suitable for a country with wide geographical area.

Confederal Constitution

This is a constitution in which almost major powers and functions of government are reserved exclusively for the component states save the common currency, defence, and foreign affairs in which the national or central government may hold power.

Constitutionalism

Constitutionalism means that the power of government should be defined and limited by the dictates of the body of the fundamental laws of the land known as the constitution. That is actions and activities of government and its officials should be in line with the provisions of the constitution. It states that nobody is above the law no matter how highly placed.

Principles of Constitutionalism

The following are the principles of constitutionalism.

1. There is equality before the law.
2. Every adult has the right to vote and be voted for during elections.
3. The fundamental human rights of the people are guaranteed.
4. The government has absolute power through the process of law.

EVALUATION

1. Mention and explain seven types of constitution.
2. What is constitutionalism?

GENERAL EVALUATION

1. What is a constitution?
2. What are the five major features of the constitution of a state?
3. Mention five sources of a constitution.
4. Outline five advantages of written constitution.
5. Explain unwritten constitution.