INTRODUCTION

WHAT IS CONSTITUTION
⚫ The term constitution refers to a set of rules which
determine among others, the manner the institutions
are to be set up, the powers to be distributed and
justice to be administered.
⚫ Smith
⚫ Constitution refers to identifiable document or group
of documents embodying a selection of the most
important rules of the government.

⚫ Hood Phillips
⚫ Constitution as a body of laws, customs and
conventions that define the composition and powers
or organs of the state and that regulate the relations
of the various state organs to one another to the
private citizen.
⚫ Bentham
⚫ Constitution means whenever we speak with propriety
and exactness, that assemblage of laws, institutions and
custom, derived from certain fixed principle of
reason…that compose the general system according to
which the community hath agreed to governed.

⚫ Eric Barendt
⚫ Constitution as a power which organised political
authority so that power will not be used oppressively or
arbitrarily.
⚫ Thomas Paine
⚫ A constitution is a thing antecedent to a government
and a government is only the creation of the
constitution…A constitution is not the act of the
government, but of a people constituting a
government and a government without a
constitution is power without a right.
⚫ WHAT IS THE PURPOSE OF A
CONSTITUTION?
⚫ WHAT IS CONSTITUTIONAL LAW?

⚫ It refers to that branch of law which concerns with

the constitution of a state. It concerns with the
relationship between individual and the state and
include those laws which regulate the structure and
functions of the principal organs of the government.
 FINDINGS

⚫ -Constitution is the fundamental and basic law of

the land. It is the law which all other laws are based.
⚫ -At the structural level the constitution supplies the
architecture’s master plan for the nation.
⚫ -It creates the basic organs of the state and defines
its limits and powers and functions of those organs
and their relationship.
⚫ At ideological level the constitution supplies
philosophical fundamental values on which the
society is founded.
 TYPES OF CONSTITUTION
WRITTEN
⚫ Body of rules whereby the
state concerned wholly or
at least largely to be found
in one written document
⚫ Emerged due to drastic
changes of the system of a
particular government such
as independence,
revolution, creation of a
new state, reconstruction
after a war.
UNWRITTEN
⚫ It is where the main laws
relating to the government are
not compiled in one document
and may not even be written
⚫ -The constitution is found in
the form of constitutional
conventions, custom, judicial
decisions where the particular
system has been followed for a
long time.
⚫ Eg: UK,Israel,New Zealander
RIGID FLEXIBLE

⚫ It refers to one which is ⚫ Such constitution can

impossible or at least
difficult to change.If
change,it normally
involve special
proceure
be changed quite
readily so that in order
to change, it involves
some procedures in
amending or passing
the law.
UNITARY FEDERAL

⚫ The Constitution ⚫ It provides for multi

involved one level government.
centralised
government.

⚫ Eg UK,Indonesia ⚫ Eg USA,Malaysia
 PRESIDENTIAL
PARLIAMENTARY

⚫ It refers to countries ⚫ It provides for separate

where the executive highest executive
comes from the branch. The highest
majority party in branch does not
Parliament emerged from the
majority parliament
 ADVANTAGES AND DISADVANTAGES OF WRITTEN
AND UNWRITTEN CONSTITUTION

WRITTEN UNWRITTEN

⚫ 1. Constitutional ⚫ Parliamentary
Supremacy Supremacy
⚫ -It avoids ⚫ -No hurdles in the way
concentration of power the legislation enact,
in the hand of one amend and repeal laws
organ of government ⚫ -No judicial review of
thus adopting the parliamentary laws on
Separation of powers. constitutional ground.
 ⚫ No safeguards against
legislative despotism
⚫ 2.Notoriously Rigid ⚫ Flexibility of
constitutional
arrangement
⚫ 3. Provisions will be
more clearer and
certain
⚫ 4. It provides greater
respect and public loyalty
⚫ 5. Provides elaborate
guarantee to the citizens ⚫ Limitation on
and arms the
government with certain
power against subversion
and emergency without
any enforceable limits on
these powers.
⚫ No constitutional
entrenched and judicial
protected of human
rights.
government’s power can
be removed easily by
parliamentary majority.
Therefore difficult to
enforce limited
government.
⚫ 6. It is documented or ⚫ The constitution is
compiled into one scattered,
single document or heterogonous and
documents. illusive