THE CONCEPT OF CONSTITUTION

I. Concept of Constitution:

1. Constitution Defined:

a. It is the fundamental law of the land or basis of government and governance.

b. It is that body of rules and maxims in accordance with the powers of sovereignty
which are habitually exercised.

2. Purpose of the Constitution

• Serve as the supreme or fundamental law of the land

• Establishes basic framework and underlying principles of government

3. Classification of Constitution

a. Written & Unwritten (Form)

a.1. Written
A written constitution is one that is codified, expressed and formalized. It is a
formal document defining the nature of the constitutional settlement, the rules that
govern the political system and the rights of citizens and governments in a
codified form.

a.2. Unwritten
An unwritten constitution is a constitution in which no single, formal document
delineates the powers of a government, and the limits thereof. It is a product of an
"evolution" of laws and conventions over centuries. An unwritten constitution
comprises of constitutional statutes enacted, observation of precedents, royal
prerogatives (as in the case of monarchies) and customs and traditions. Although
these principles are not codified in a single law, they are still recognized by
courts, legislators, and executives as binding upon government.

b. Cumulative and Conventional (Origin)

b.1. Cumulative
A constitution is said to be of cumulative origin when the law is a product of long
political and cultural history of the people, transmitted from generation to
generation. It is a product drawn from customs, traditions, norms and values,
precedents of judicial rulings rather than a product of conventional enactment.

b.2. Conventional
A conventional constitution is one that is a product of a tedious legislation by a
constituent assembly or a constitutional assembly.
 c. Rigid and Flexible (Mode of Amending)

c.1. Rigid
A constitution is said to be rigid if the manner of instituting relevant changes to
the laws is inelastic or difficult to amend since it follows an enormous process of
ratification. The electorate must decide in a plebiscite whether to accept or reject
any proposed change to the constitution.

c.2. Flexible
A constitution is said to be flexible if the manner of instituting relevant changes
simply calls for a basic process in which a law may be amended in the same
legislative procedure as in any ordinary law.

4. Essential qualities of a good written constitution

a. Should Possess Clarity. The constitution has to possess clearness of thoughts and ideas
making it interpretable and understandable.

b. Should Possess Brevity. The nature of the constitution requires that only its great
outlines should be marked, its important objects designated, and the minor ingredients,
which compose these objects, be deduced from the nature of the objects themselves.
(Chief Justice John Marshall)

c. Should Be Broad. The constitution and all the powers embraced therein has to be
expressed in general terms to allow the legislature to adopt, from time to time, its own
means and model to make legitimate objects that would suit the public interests as when
they are required.

5. Parts of the Constitution

a. CONSTITUTION OF LIBERTY- which provides for the civil and political rights
of citizens and the limitations on the powers of government to secure those rights.

b. CONSTITUTION OF GOVERNMENT- which provides for the organization of

government, and enumerates the powers.

c. CONSTITUTION OF SOVEREIGNTY- which provides the manner of changing

the fundamental law as making amendments thereto.