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) 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.

c. Should Be Broad. The constitution and all the powers embraced therein has to be

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.