The Entire categorization of Constitution

The Entire categorization of Constitution

                                        Shah Mohammad Omer Faruqe Jubaer

Introduction:

A constitution has been defined as a body of rules established to regulate the system of government within a state. The constitution serves as the backbone of the country. Without it, the law and jurisdiction will not hold up and fall apart in no time, but they are meant to stand strong. The Constitution is the embodiment of fundamental regulations and principles according to which the country, state, and its people are supposed to work. The term “constitution” got its name as the word constitution means accumulation and gathering of various aspects.

 Narrower Definition of the Constitution:

• A written document which defines the basic rights of the Governed and the limitation of the government. 

• A document that contains (those) rules which provide the framework for government.

• Constitution refers to a body of agreed rules and principles starting how the power of governing a country is given and how these powers are to be exercised.

 

Entire Categorization of the Constitution:

The Constitution itself is an accumulation of many things that make up the institution of the legal bodies of any nation that’s why I have tried to accumulate the entire classification of the constitution in a Single Article. So, Entire Categorization of the Constitution may be classified into:

1.      Classification according to the mode of Amendment

2.      Classification according to the mode of Nature

3.      Classification according to the form of Government

4.      Classification according to the locale of State

5.      Classification according to the political parties

6.      Classification according to Miscellaneous aspects

For detail understanding, we should sub categorized those Constitution which are-

1.      Classification according to the mode of Amendment:

According to the mode of Amendment, The constitution can be divided into two types:

a.      Flexible Constitution

b.      Inflexible Constitution

2.      Classification according to the mode of Nature:

According to the mode of Nature,  The constitution can be divided into two types:

a.      Codified Constitution

b.      Uncodified Constitution.

 

3.      Classification according to the form of the government

 

Federal constitution: Under a federal constitution exists a division of powers between the central government and the individual states or provinces that make up the federation. E.g. the USA, Canada, Australia, Nigeria, Malaysia, Germany, Switzerland and etc.

Unitary Constitution: Constitutions of this nature exist in a state where a government is formed after a union of two or more sovereign states. e.g. Tanzania (Zanzibar and Mainland Tanzania), U.K (Scotland, Wales, N. Ireland, and England) and etc.

Republican Constitution: A republic constitution exists in a state which has its figurehead a (usually) democratically elected President, answerable to the electorate and to the constitution. Presidential office is both a symbol of statehood and the repository of many powers. E.g. Tanzania, Kenya, Malawi Constitutions.

Presidential Constitution: Under this constitution model, the head of the executive branch is also head of state and is not a member of or directly responsible to the legislature, e.g. Tanzania, Kenya, Uganda, and etc.

Parliamentary Constitution (Westminster model): Is a form of a Constitution of a state in which the chief executive is a Prime Minister who is a member of and is responsible to the legislature, e.g. U.K, and Israel. 

NB: The Prime Minister or President is a Member of Parliament and so are his Ministers.

Aristocratic (monarchical) Constitution: Such a constitution exists where the government is headed by a monarch and hereditary in nature. e.g. U.K.

Democratic state constitution: It is a Constitution which allows all adult citizens an equal say (whether directly or indirectly) in the decisions that affect their lives or state governance, e.g. US, UK, Tanzania, and etc. 

Dictatorial (undemocratic/autocratic) constitution: Is a type of a Constitution which vests state powers in one person or group of persons or organs, with the exclusion of others, e.g North Korea.

 

4.      Classification according to Political Parties:

According to the political parties constitution can be divided into two types

a.      Mono Party Constitution

b.      Multi Party Constitution

 

5.      Classification according to the locale of State:

There are two categories of Locale of state-based constitution:

a.      Evolved Constitution: An evolved constitution is the result of the historical development

b.      Enacted Constitution: enacted by any special Constituent Assembly

 

6.      Classification according to miscellaneous aspects:

There are so many miscellaneous aspects based constitution but the most important are,

Supreme Constitution: A ‘supreme’ constitution refers to a state in which the legislative powers of the governing body are unlimited.

• Subordinate/Ordinary Constitution: a subordinate constitution is a state in which the legislative powers are limited by some higher authority. 

• Separated powers’ Constitution: Is the Constitution which vest powers in the principal institutions of the state – the legislature, executive and judiciary (i.e. state powers are not concentrated in a single institution). E.g. US Constitution

• Fused powers’ Constitution: These are kind of Constitutions found in totalitarian states or purely monarchical states.

                                    Legal Constitutions

           Military Constitution

Conclusion: In conclusion, whether the constitution is codified or uncodified, flexible or inflexible, presidential or monarchical, republican or parliamentary, political or legal, the one thing they have in common is that all constitutions are unique. Parp worth states, quoting Finer, that the reason for this uniqueness is that all constitutions contain autobiographical elements, and they are therefore idiosyncratic. Furthermore, they are based on different historical contexts that have generated different preoccupations, and therefore different priorities. 

 

References:

1.      Scott Stevenson, The Supreme Court”s Renewed Interest in Autochthonous Constitutionalism (2015) July, Public Law, 394-402

2.      Vernon Bogdanor, Imprisoned by a Doctrine: The Modern Defence of Parliamentary Sovereignty (2012) 32(1) Oxford Journal of Legal Studies, 179-195

3.      T Adam Tomkins, Public Law (1st edn, OUP 2013) 

4.      C Grey, The Constitution as a Scripture (1984) 37(1) Stanford Law Review, 1

5.      Andrew Le Sueur, Maurice Sunkin, Jo Murkens, Public Law: Text, Cases and Materials (2nd edn, OUP 2013) 41

6.      Brian Christopher Jones, Preliminary warnings on “constitutional” idolatry (2015)

7.      Neil Parpworth, Constitutional and Administrative Law (5th edn, OUP, 2008)