The word “constitution” has its origin in the Latin word constitutio, which means “establishment,” “arrangement,” or “organization.” It comes from the Latin verb constituere which means “to establish” or “to set up.” Later, the word entered French as constitution and then English and developed into the English word constitution.
In its political sense, the word refers to the fundamental arrangement or organization of a state and its institutions. A constitution is a set of fundamental rules and principles, usually in the form of a written document according to which a state is governed. A constitution provides a broader framework that defines powers and limits of all the institutions and departments of the state. It is the constitution from which the government derives its authority. All the three organs of the state -legislature, executive, and judiciary- are established and regulated by constitutional provisions. The Constitution clearly lays down the procedures relating to the formation and working of these organs. It also divides powers and responsibilities among different organs of the state.
A constitution is considered the supreme law of the land because it provides a broader legal framework within which all state institutions must operate. Government authorities must exercise their powers in accordance with the constitution. Any law passed by legislature or any executive action that is inconsistent with the constitution may be declared invalid by the judiciary or some other body depending on the constitutional system of the country. A constitution is the guarantor of fundamental rights of the people. Unlike ordinary laws, amending a constitution generally requires a special procedure. All laws of the country must conform to the constitution.
The constitution of the USA first drafted in 1787 is commonly regarded as the oldest surviving written constitution still in force while the Charter of Madina is widely cited as the first ever written constitution though this characterization is debated among scholars.
Types of Constitution
Constitutions can be, broadly speaking, divided into the following types/categories. It may be noted that these categories are not mutually exclusive. For example, the US Constitution is federal and presidential at the same time.
Parliamentary vs Presidential Constitution (On the basis of the relationship between the executive and legislature)
In the parliamentary form of government, legislature and executive branches are closely linked with each other as the executive is a part of the legislature. In this system, the offices of head of state and head of government are held by two different persons with the former one having only ceremonial powers. The ministry or government must enjoy the support of the majority in the legislature. The executive can be removed from office by a vote of no confidence while the chief executive can advise the head of state to dissolve the House. In the parliamentary system, cabinet members take active part in legislation because they are members of the legislature.
In the presidential system, the legislature and executive branches are separate from each other. The president serves both as head of state and head of government enjoying vast real executive powers. Legislature cannot remove the executive through a no confidence vote while the executive branch also cannot dissolve the legislature. Unlike the parliamentary system, cabinet members in the presidential system cannot take active part in legislation because they are not part of the legislature though they can influence legislation.
Unitary vs Federal Constitution (On the basis of distribution of powers)
Unitary form of government is one in which all the governmental powers are concentrated in the central government by the constitution. In this system, the constitution empowers the central government which can delegate some of its powers to the lower administrative units. Japan, France, China, Italy, and the UK are some examples of unitary forms of government.
A Federal system is one in which there is a clear division of powers by the constitution between the central or federal government and the federating units -usually provinces or states. In this system, the constitution divides subjects between the federal government and federating units. In case anyone encroaches upon the other’s domain, the aggrieved party has the option to seek remedy through the judiciary. Some well-known examples of a federal system are Pakistan, USA, India, Germany, and Canada.
Republican vs Monarchical Constitution (On the basis of the method of selecting the head of state)
In the republican form of government, the head of state assumes the office for a fixed term as a result of some electoral process. Heads of state in republican form of government are elected either directly by the people like in France and Iran, by an electoral college specifically elected for the purpose like in the USA, through the legislature like in China or some other elected body like in India and Pakistan -electoral college consisting of national and provincial/state legislatures. The US, France, India and Pakistan are examples of republican constitutions.
In a monarchical form of government, a hereditary monarch (King/Queen) serves as the head of state, normally for life or until abdication. In monarchy, traditions or royal lineage is the source of powers. In modern constitutional monarchies, most executive and political powers are exercised by elected governments. The UK, Spain, and Japan are examples of constitutional monarchies.
Codified VS Uncodified Constitution (On the basis of form).
A codified constitution is a constitution in which the basic principles for governing a state and the relationship between the state and citizens are consolidated into a single authoritative document. The constitutions of Pakistan, India, and the USA are its examples.
An uncodified constitution is one in which the fundamental rules and principles for governing a state and the relationship between the state and its citizens are derived from multiple sources instead of a single codified document.
There are also countries that don’t have a single codified written constitution. Instead, they have uncodified constitutions consisting of written laws, court decisions, and historical traditions called conventions or political usages. The United Kingdom, Sweden, Israel, Canada and New Zealand are examples of countries that don’t have a single codified constitution. The constitution of the UK is usually considered as the first ever constitution in European history.
The UK’s constitution consists of various laws and regulations that provide the legal basis for the establishment of different state institutions, regulate inter-institutional relationships, and govern the state’s relationship with its citizens. These laws and regulations are not codified in a single, written document.
In Sweden, Basic Laws of Sweden (four basic laws) serve as the county’s constitution. These laws are; The Act of Succession (1810), The Freedom of the Press Act (1949), The Instrument of Government (1974), and The Fundamental Law on Freedom of Expression (1991). Similarly, it is the Basic Laws of Israel (fourteen basic laws) that function as country’s constitution. The Knesset, Israel’s legislature, itself describes these basic laws as having constitutional status and that they will ultimately form the constitution that was promised in The Declaration of Independence in1948.
Canada has the Constitution Act, 1867, Constitution Act, 1982, and other unwritten principles, traditions, and conventions that serve as its constitution. Likewise, New Zealand’s constitution is a collection of statutes, common laws, and conventions.
Rigid and flexible constitutions (On the basis of the procedure for amendment).
A rigid constitution is one which needs a special and lengthy procedure for its amendment. A prominent example of a rigid constitution is the Constitution of the USA. A proposed constitutional amendment needs to be passed with a two-thirds majority by both houses of Congress (the House of Representatives and the Senate) and three-fourths of the states. In one case (the 27th Amendment), it took 202 years to be ratified by the required number of states.
A flexible constitution, on the other hand, is one which does not need a special procedure for amendment. Instead, it can generally be amended through the ordinary legislative process as with ordinary laws. The constitution of the UK is a standard example of a flexible constitution.