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    Constitution & Constitutional Law

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    Bella
    The document defines a constitution as a set of rules that determine how a government is structured and how power is distributed. It also discusses the different types of constitutions, including written vs unwritten, rigid vs flexible, unitary vs federal, and parliamentary vs presidential systems of government. The key purposes of a constitution are to establish a legal framework, define fundamental rights, set up governmental organs, limit governmental power, and provide checks and balances.

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    Constitution & Constitutional Law

    Uploaded by

    Bella
    13 views4 pages
    The document defines a constitution as a set of rules that determine how a government is structured and how power is distributed. It also discusses the different types of constitutions, including written vs unwritten, rigid vs flexible, unitary vs federal, and parliamentary vs presidential systems of government. The key purposes of a constitution are to establish a legal framework, define fundamental rights, set up governmental organs, limit governmental power, and provide checks and balances.

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    Constitutional Law Notes

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    The document defines a constitution as a set of rules that determine how a government is structured and how power is distributed. It also discusses the different types of constitutions, including written vs unwritten, rigid vs flexible, unitary vs federal, and parliamentary vs presidential systems of government. The key purposes of a constitution are to establish a legal framework, define fundamental rights, set up governmental organs, limit governmental power, and provide checks and balances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views4 pages

    Constitution & Constitutional Law

    Uploaded by

    Bella
    The document defines a constitution as a set of rules that determine how a government is structured and how power is distributed. It also discusses the different types of constitutions, including written vs unwritten, rigid vs flexible, unitary vs federal, and parliamentary vs presidential systems of government. The key purposes of a constitution are to establish a legal framework, define fundamental rights, set up governmental organs, limit governmental power, and provide checks and balances.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Constitution & Constitutional Law

    Constitution
    ➔ General Definition
    A set of rules that determine the manner the institutions are to be set up, the powers to be
    distributed and the justice to be administered.

    ➔ Scholars’ Definition
    ● Smith - Identifiable documents containing a selection of the most important rules of
    the government.
    ● Hood Phillips - A body of laws, customs and conventions that define the composition
    and powers of organs of the state, it regulates the relations of the state organs to one
    another to the private citizen.
    ● K.C Wheare - The whole system of government of a country, the collection of rules
    that established limits and governs the government.
    ● Eric Barendt - Power which organised political authority, so power will not be used
    oppressively.
    ● Tom Paine - Not the act of government but the people constituting a government.
    Government without constitution is a power without rights.

    Constitutional Law
    ➔ General Definition
    The body of law that deals with the interpretation, application and enforcement of a country’s
    constitution. Concerns the relationship between states and individuals and divide those laws
    that regulate the structure and functions of the principal organs of the government.

    Functions and Purposes


    ● Establish a legal framework
    ● Define fundamental rights
    ● Set up the organs of the state
    ● Limit the government’s powers
    ● Checks and Balances
    Types of Constitution

    ❖ Written & Unwritten


    Written Constitution - Body of rules whereby the state concerns wholly to be found in a
    written document. Emerged due to drastic change of the system of government. Examples :
    Independence, creation of new state, reconstruction after war.
    Unwritten Constitution - Main laws are not compiled in a document, may not even be
    written.
    - Historical documents (The UK Magna Carta of 1215, The USA Bills of Rights 1789)
    - Constitutional conventions (Political practices)
    - Judicial decision (Decided case law)

    Differences between written and unwritten constitution

    Written Unwritten

    - Clear & precise. Free from doubts - Flexible


    and ambiguity. - Accept customs, traditions and
    - Properly distributes powers conventions.
    between federal & state - Grows over a long period.
    government.
    - Protects the fundamental rights of
    the individual.
    - Ensure the check and balance of
    each constitutional institution.
    Govt can't exercise powers
    oppressively.

    - Rigid, not easily amenable for - Unclear and ambiguous.


    modification. - Since it is very easy to change it,
    - Cant easily cope with changes in many undesirable changes happen
    the country. resulting in a lot of instability.
    - The importance of public opinion - Does not clearly express
    decreases. fundamental rights of individuals.
    Can't enjoy their freedoms and
    can't actively take part in
    democratic process.
    - Does not provide proper
    distribution of powers between
    federal and state govt.

    - Constitutional Supremacy - Parliamentary supremacy


    - Adopting separation of powers - No hurdles in the way legislative,
    enact or amend the laws.
    - No judicial review of
    parliamentary laws on
    constitutional ground.
    - No safeguard against absolutism.

    - Provides guarantee to the citizens, - No constitutional established and


    arms the govt with certain powers judicial protected of human rights.
    against subversion. - Difficult to enforce limited govt
    since limitation on govt’s power
    can be removed easily.

    - Compiled into a single document - Constitution is scattered and


    diversified.

    ❖ Rigid & Flexible


    Rigid Constitution
    ● Difficult to change
    ● Has a special procedure to change it
    ● Example : Japan’s 1947 constitution has lasted longer without amendment than any
    other constitution.

    Flexible Constitution
    ● Can be changed quite readily
    ● Some procedures are involved.
    ● Examples : India (amended banyak kali), Malaysia (can amend by two third, simple
    majority, conference of rulers), Australia (referendum)

    ❖ Unitary & Federal


    Unitary Constitution
    ● A system of political organisation, most or all of the governing power is in a
    centralised govt.
    ● Examples : UK is made up of England, Scotland, Wales and Northern Ireland. They
    are subject to one Constitution.

    Federal Constitution
    ● Political system in which political authority is split between 2 autonomous sets of
    govt, national and subnational, operates directly on the people.
    ● Multilateral govt, state and federal govt.
    ● Examples : US & Malaysia
    ❖ Parliament & Presidential
    Parliament Constitution
    ● System of govt where the administration gets democratic legitimacy to command the
    support of the legislature, often a parliament.
    ● Head of govt (PM) is diff from the head of state (YDPA). PM leads the executive
    branch and legislative branch concurrently.
    ● Example : Malaysia

    Presidential Constitution
    ● Head is directly elected by the people, the duration is from the legislature.
    ● Head of govt is also the head of state and leads the executive branch which is separate
    from the legislative branch.
    ● Example : US (Executive : President, vice-president Cabinet), (Legislative : Senator
    and Representatives in The Congress)

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