Manuscripts Speech

Topics: United States Constitution, Constitution, Constitutions Pages: 5 (1100 words) Published: January 13, 2013
Classification of Constitution.
Constitutions are widely classified into two categories, firstly written and unwritten ; and secondly, rigid and flexible. Written and Unwritten constitutionA written constitution is one in which the fundamental  principles concerning state administration are embodied and which has, as a specific document, been passed by a specific body So a written constitution can be produced and shown as a single document. The US constitution, Indian Constitution, Bangladesh Constitution provide examples of written Constitution. On The other hand, where the constitution has not been passed formally as a specific document by a specific body and the fundamental principles concerning state administration exist in political customs, Judicial decisions and in some scattered documents, the constitution is an unwritten one. The British Constitution provides the glaring  example of unwritten constitution. Views, of course are expressed by different writers that this classification of Constitution  ( written and unwritten ) is not a scientific one since no Constitution can, in practice, be fully written or unwritten, An unwritten Constitution must have some written elements. Likewise, a written constitution cannot be fully written , some elements of it exists in unwritten form. For example, British Constitution  is unwritten but some important elements of it are contained in written documents like Magna Carta, Bill of Rights, Petition  of Rights, Act of settlement etc. On the other hand , the US constitution is written but some important Constitutional subjects like political party organization, cabinet, committee of the Congress, working procedure of the Congress etc. are not written  they are largely based on political custom or  convention  Likewise Bangladesh Constitution is a written one but political party organization, appointment of Chief Justice, formation of coalition government etc. are not written ; these are based on convention. This is why it is said that the distinction between written and unwritten Constitution is one of degree rather than of form C.F. Strong  comments that a classification of Constitutions’ on the basis of whether they are written or unwritten is illusory. It is, of course, sometimes necessary to distinguish between the so-called written and so-called unwritten Constitution, and whenever we needed to do so, we shall refer to the former as a documentary and to the later as a non-documentary Constitution.  | THE CONSTITUTION OF THE PHILIPPINES

I. The Constitution

A constitution may be defined in different ways depending upon one's attitude or point of view. They may be defined as:

1.) English Point of View

A constitution is "the body of those written or unwritten fun- damental laws which regulate the most important rights of the higher magistrates and the most important essential privileges of the subjects."

2.) American and Filipino Point of View

A constitution may be defined as "a written instrument by
which the fundamental powers of the government are established, limited, and defined, and by which those powers are disturbed among several branches for their more safe and useful exercise for the benefit of the body."

In a more general way, a constitution may be defined as the
fundamental law according to which the government of the state is organized and agreeably to which the relations of the
individuals or moral persons to the community are determined."

II. Concepts of Constitution

At present there are two recognized concepts of the constitution namely:

1.) American or The Written Constitution

a.) Generally the Americans conceive of a constitution as
something that must be written, yet this does not mean that
the working or operation of the American government is
based entirely on the provisions of such written constitution.

b.) A constitution is the supreme law of the land which must serve as the basis of the acts of all the...
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