What is constitution?

What is Constitution?
The definition of constitution is quite complex and has significantly evolved during the last
two centuries. According to the Western conception, constitution is the document that
contains the basic and fundamental law of the nation, setting out the organization of the
government and the principles of the society. Yet, although many countries have a written
constitution, we continue to see the phenomenon of “living constitution” in many parts of the
world. As society change, so do laws and regulations. Furthermore, in some cases there is no
single document that defines all aspects of the state, but rather several different documents
and agreements that define the power of the government and provide a comprehensive
although not unitary legal framework. Constitution has also been defined as:

 Basic norm (or law) of the state;

 System of integration and organization of norms and laws; and
 Organization of the government.

The constitution provides the foundation of the government, structuring the political
organization and guaranteeing individual and collective rights and freedoms

constitution refers to body of rules and laws, (written or unwritten) that determine the
organization of government and the distribution of powers and functions to various organs of
government, regulate the relationship among themselves and also between the state and its
individuals through general principles on which these powers are to be exercised.
Constitution is the mothers of all laws; all other ordinary laws are derived from and subjected
to this blue print. Hence, since constitution is supreme law of a land, any other law
contradicted with the provisions of the constitution becomes void or invalid.

Is that constitution refers constitutionalism?

The concepts of constitution and constitutionalism refer to the legal framework of a country.
While constitution is often defined as the “supreme law of a country,” constitutionalism is a
system of governance under which the power of the government is limited by the rule of law.
Constitutionalism recognizes the need of limiting concentration of power in order to protect
the rights of groups and individuals. In such system, the power of the government can be
limited by the constitution and by the provisions and regulations contained in it but also by
other measures and norms.  In order to understand the two concepts as well as their
similarities and differences. it is important to understand their history and evolution. The idea
of constitution has changed significantly compared to the first examples seen in ancient
Greece, while the concept of constitutionalism has grown around the principle that the
authority of the government is derived from and limited by a set of rules and laws.

Rigid versus flexible constitutions

Another potentially useful categorization of constitutions is whether they are rigid or flexible.
This categorization refers to how easily a constitution can be amended and how easily the
constitutional landscape and framework can change. A constitution is said to be rigid when it
is difficult to amend or change. It is said to be flexible when it is more easily amended. The
advantages of a rigid constitution include the establishment of a stable and reliable legal
landscape, the heightened protection of constitutional rights and values, and perhaps
increasingly consistent enforceability of constitutional structures and provisions. Flexible
constitutions, in contrast, allow the constitution and the government to act and react more
easily as times change. They prevent future generations from being bound by past
commitments when it no longer serves the common good. They provide less protection,
however, against actors or parties in power who wish to change the constitution or diminish
constitutional protections in order to serve their self-interests. Amendments are further
discussed below.
Written versus unwritten constitutions
A third distinction is sometimes drawn: whether a constitution is written or unwritten. This
distinction focuses on the nature of a constitution, whether entirely written down and
specified in a constitutional document, or whether itis a more nebulous body of laws
contained in precedent, tradition, customary laws and practice. Except for the United
Kingdom, which is the most often cited example of a polity with an unwritten constitution,
many contemporary constitutions are actually written. Nonetheless, while the distinction
between written and unwritten constitutions is an interesting lens through which to compare
and contemplate constitutions, in most countries established constitutional law has origins in
and consists of both a written constitutional document and unwritten norms, customs, and
practices.

Purposes of constitution
It serves as a framework for Government: This means that the
constitution of state is a plan for organizing the operation of government which in turn
effectively guides the functions and powers of the executive, legislative and judicial bodies of
government. In other words, it is a brief and a general outline of duties and rights of
governments and also that of citizens.
2. It Limits the Powers of Government: In a constitutionally limited government, officials
are always abided by the constitution. i.e there is no decision or action that will be undertaken
arbitrarily and spontaneously rather every decision, act, or behavior is entertained according
to rules and laws that originate from the constitution. This subjection to the laws and rules
from the part of the government and the governed (the people) is coined as the rule of law.
3. It protects individual and collective rights of citizens: To protect the individual and
collective rights and freedoms of people, the constitution of a state lay down the relationship
between the state and the individual by making out the respective spheres of government on
the one hand, and the individual and collective rights and freedoms on the other.
4. It serves as the Supreme (Highest) Law of a Country: this implies that Constitution is the
source of and supreme over all laws in a country. i

Democracy
What is democracy? Explain at least five fundamental principles and
values of democracy
The oxford dictionary meaning “a system of government by the whole population or
all the eligible members of a state, typically through elected representatives."a system of
parliamentary democracy"”
Democracy literally means the government of the people or government of the majority.
Etymologically, the word democracy is derived from two Greek words: demos and kratos,
which means common people and rule (legitimate power to rule) respectively. In this case the
word democracy refers to the idea of rule by the people or government by the people. Hence,
in its original sense democracy means “rule by the people”. Gradually, however, the meaning
of this term is evolving and changing substantively. Hence, democracy may mean different
things for different people and in different times. You may have already heard about the most
common definition of

Principles of constitution
A. Popular Sovereignty
Popular sovereignty also means that the people have the right to withdraw their consent
when the government fails to fulfill its obligations under the constitution. On the other side,
popular sovereignty in democracy assumes the principle of majority rule, which means that
within constitutional limits, majorities should have the right to make political decisions. Such
decisions are made within the framework of regular elections and include the choice of who
should be elected to public office and what laws should be passed by legislative bodies.
B. Constitutional Supremacy
Constitutions are laws about the political procedures to be followed in making laws. They are
supreme laws, taking precedence over all others, and defining how all the others should be
made. Some analysts call them ‘meta-rules’ (rules about how to make rules), but the German
constitution calls them ‘the Basic Law’. As a mother of law, it is original law by which the
system of government is created, and to which the branches of government must look for all
their powers and authority. It is original because it is directly made by the people as the direct
expression of the will of the people.
C. Rule of Law
In contemporary time, almost in all countries, the concept of the rul e of law has been
reflected either in their constitutions or statutes. There are two aspects of the rule of law that
are important. First, the law should govern the people and the people should obey the law.
And second, the law must be capable of being obeyed (‘good’ laws). This made the rule of
law different from ‘rule of men’ where the people were ruled by ‘bad’ laws. In order to
maintain the rule of law, an institution, independent from the legislative or executive or other
forces, impartial and free fro m interference or influence is required. In this case, the rule of
law is the principle under which a government exercises its authority in accordance with
clear, objective, and publicly disclosed laws.
D. Secularism
Secularism referred to as an approach that asserts to dismiss or ignores God, the divine, the
supernatural, and other religious viewpoints when discussing or participating in politics.
Emphasis is placed on human excellence, potential, fulfillment, “actualization,” and so on,
instead of the Godly, providential, or spiritual dimensions of life. Contemporary expressions
of secularismoccur in the mainstream liberal media, business, public education, and social
organizations. In church and state matters, secularists demand a strict separation of religion
and politics, keeping prayer and religious instruction out of government, public schools, and
other common institutions.
E. Separation of Powers
The doctrine of separation of powers refers to the idea that political power should be divided
among several bodies or officers of the state as a precaution against too much concentration
of power. Most of the literature on federalism has emphasized the relationship between
national and subnational governments but overlooked the organization of sub-national
powers. Likewise, the debate on the separation of powers in presidential and parliamentary
systems has neglected the role of federalism in strengthening the separation of powers. A
federal polity is a constitutional arrangement that creates executive, legislative, and judicial
branches of government in its constituent units.
list and explain the role of at least four actors in democratization process
Political Parties
The centrality of political parties for modern democracy is generally accepted both by
contemporary scholars and by policy-makers charged with fostering the development of
newly emerging democracies or with improving the quality of democracy in established
democratic politics. Despite their relatively recent appearance on the political stage, par ties
have put such a strong mark on contemporary politics and democracy that twentieth century
democracy could be best described as party democracy.
Media
Mass Media and Democracy are always related to each other. Media is a mirror of the society
and how democratic a society is, can be represented through media. Opinion leaders
influence the public opinion regarding political leaders and political system of any country.
Hence, media has an influential role in strengthening democracy. Hence, media and
democracy have strong association. Countries which are strong democracies always have
strong and free media. Studies show that a free and democratic society is not possible without
an independent, free and responsible media and active civil society.

Civic Societies
Civil society is the set of civil rights, including primarily everyone’s right to participate in
public life. Civil society forms the backbone of democracy. Larry Diamond (1999: 220-221)
defines civil society as “the realm of organized social life that is open, voluntary, bound by a
legal order or set of shared rules”. Diamond stated that civil society encompasses “private
citizens acting collectively to make demands to the state or to express in the public sphere
their interests, preferences and ideas or to Civil society may comprise civic, issue-oriented,
religious, and educational interest groups and associations.