CONSTITUTION
A constitution is defined as a body of agreed rules and principles stating how the powers of governing a country are given and how these powers are to be exercised. It also establishes a basic framework or fundamental law of the land.
SOURCES OF CONSTITUTION
- The history of the people helps to prepare basic rules that govern them
- The acts of parliament
- Customs and Tradition
- Past constitutions help to form the basis of any new one
- Conventions
- Judicial Precedents
FEATURES OF CONSTITUTION
- The constitution contains a preamble which declares its aspiration
- It states the political structure of government
- It defines the powers and functions of the arms of government
- It states the type of relationship that would exist among the institutions of government
- It reveals the type of party system to adopt
- It states the administrative structure that would be operated
- It defines the fundamental human right
- It states the qualifications for citizenship
- It states how long a government can stay in office
- It states how political leaders are elected
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TYPES OF CONSTITUTION
WRITTEN CONSTITUTION
It is defined as a document or set of documents establishing the selection of rules embodied in a document in which the fundamental principles concerning the organization of a political system and powers of its various agencies are written down and codified
MERITS OF WRITTEN CONSTITUTION
- It allows for proper documentation and entrenchment of fundamental human rights
- It protects the minority interests against the domination by the majority
- Always a procedure for amendment
- Prevention of conflict in the exercise of power
- Provision of a means of assessment
- Ease of preference
- Easily available
- There’s political stability
- Prevention of unconstitutional acts
- Prevention of emergence of dictatorship
DEMERITS OF WRITTEN CONSTITUTION
- Written constitution is generally rigid
- The process can take a very long time and this may discourage necessary reforms
- A written constitution may not fully accommodate different types of government
- Tendency to cause political tension
- Written constitution can cause frequent conflict among the arms of government
UNWRITTEN CONSTITUTION
It is defined as one in which the fundamental principles of the organization and powers of a government are not codified in one document.
MERITS OF UNWRITTEN CONSTITUTION
- It is flexible
- Decisions are easily made
- It is easy to interpret
- It is suitable in time of emergencies
DEMERITS OF UNWRITTEN CONSTITUTION
- No checks and Balances
- Arbitrary government
- It is not easily known
- There’s no ease of reference
- The rights of the citizens are violated
- There’s always misinterpretation due to how ambiguous it can be
- Unconstitutional acts are certain to occur
- There is possible emergence of conflicts
RIGID CONSTITUTION
A rigid constitution is a type of constitution that is difficult to amend or change, requiring special procedures and often supermajority approvals.
MERITS OF RIGID CONSTITUTION
- Stability: Protects core values and principles
- Protection from impulsive changes
- Safeguards individual rights
- Promotes national unity
DEMERITS OF RIGID CONSTITUTION
- Inflexibility: Limits ability to adapt to changing circumstances
- Difficulty in addressing emerging issues
- Potential for constitutional gridlock
- May require judicial intervention
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FLEXIBLE CONSTITUTION
A flexible constitution is a type of constitution that can be easily amended or changed, often requiring simple majority approvals.
MERITS OF FLEXIBLE CONSTITUTION
- Adaptability: Easily updated to address emerging issues
- Responsiveness: Reflects changing public opinions and values
- Efficiency: Streamlined amendment process
- Democratic: Reflects will of the majority
DEMERITS OF FLEXIBLE CONSTITUTION
- Instability: Core principles may be compromised
- Vulnerability: Individual rights may be eroded
- Impulsiveness: Hasty changes without thorough consideration
- Lack of protection: For minority rights and interests
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