CLASSIFICATION OF CONSTITUTION (a) Classification according to the form by which Constitutions are embodied (how it appears) + Written Constitution Avwritten/coditied documentary constitution Is one contained within a single document oF a sertes ff documents, with or without amendments, defining the basic rules of the state, The origins of \weltten constitutions Ne in the American War of Independence (1775:83) and French Revolution (1789), (F.g. France, USA, Tanzania, and etc.) + Unwritten Constitution “Unwritten/uncodified /non-docuumentary 1s one that i not contained in a single document, consisting ‘of several different sources, which may be written or unwritten. What Britain has instead fs an ‘accumulation of various statutes, conventions, political customs, judicial decisions (common laws), treaties, and exists in some scattered documents which collectively can be referred to as the British Constitution. €.g. UK, Irael, New Zealand and etc. n these countries, the constitution isa collection of historical documents, statutes, decrees, conventions, traditions, and royal prerogatives, Challenges Cassfication of Constitution (written and unwritten) fs not a scientific one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 exist in ‘unwritten form. For example, British Constitution is unwritten but some important elements of it are contained in written documents like Magna Carta (1215), The Petition of Right 1628, The Bill of Rights 4689, The Act of Settlement 1700, The Treaty of Union 1706, The European Communities Act 1972, ‘The royal prerogative/proclamations, Acts establishing devolution, The Human Rights Act 1998, and 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 tte, are not written they are largely based on political custom or convention. Therefore, the distinction between written and unwritten Constitution is one of degree rather than of form. Strongs comments that a classification of Constitutions’ on the basis of whether they are written or unwritten fs illusory. (©) Classification according to the made of amendment/Method of changing the constitution: ‘This classification rests primarily on the question whether or not constitutions can be easily amended. + Flexible Constitution ‘The Flexible or Elastic Constitution is the kind of constitution that can easily be changed (usually, an Unwritten Constitution, i.e, a constitution that has few or no special. amending procedures. The Parliament can alter constitutional principles and define new baselines for government action ‘through ordinary legistative processes, e.g. UK and Canada Constitution. + Rigid Constitution “The Rigid or Inelastic Constitution is the kind of constitution that cannot be easily amended (usually, ‘a Written Constitution}. Moreover, itis a constitution whose terms cannot be altered by ordinary. forms of legislation, only by special amending procedures. That is to say, if the constitution itself ‘provides that particular amendment, then it could be possible to amend the Constitution, e.g. Article 98 of the Tanzania Constitution, 1977. Note:The framers ofa written contition, endenvouring to provide a comprehensive legal Framer for the state, will naturally seek to protect its constitutional provisions from subsequent repent or amendment {€) Classitieatton according to the form of the government/classification based on the nature and form of the state and its governance: + Federal constitution nder a federal constitution exists a division of powers between central government and the ‘neividual states or provinces which make up the federation. The powers divided between the federal fSovernment and states or provinces will be clearly set down in the constituent document. Some Powers willbe reserved exclusively to the federal government (most notably, such matters as defence and state security); some powers will be allocated exclusively to the regional government (such as planning and the raising of local taxation); and others wil be held on the basts of partnership, powers being given to each level of government with overriding power, perhaps, reserved for central Sovernment, The common feature of all federal states (s the sharing of power between centre and Teton - each having an area of exclusive power, other powers being shared on some defined basis Eg, the USA, Canada, Australia, Nigeria, Malaysia, Germany, Switzerland and ete * Unitary Constitution Constitutions of this nature exist in a state where a government is formed after a union of two or more sovereign states. A state is governed as a one single unit in which the central government is Supreme and any administrative divisions exercise only powers which their government chooses to elegate, e.g. Tanzania (Zanzibar and Mainland Tanzania), U.K (Scotland, Wales, N. Ireland and England) and etc + Republican Constitution A repuiic constitution exists in a state which has its figurehead a (usually) democratically elected President, answerable to the electorate and to the constitution. Presidential office is both a symbol Of statehood and the repository of many powers. E.g. Tanzania, Kenya, Malawi Constitutions. + Presidential Constitution Under this constitution model, the head of the executive branch is also head of state, and is not a member of or directly responsible to the legislature, e.g. Tanzania, Kenya, Uganda, and etc. + Parliamentary Constitution (Westminster model): 's.aform of a Constitution of a state in which the chief executive isa Prime Minister who is a member of and is responsible to the legislature, e.g. U.K, and Israel 'NB: The Prime Minister or President is a Member of Parliament and s0 are his Ministers. + Aristocratic (monarchical) Constitution ‘Such constitution exists where the government is headed by a monarch and hereditary in nature. Usually, the office of head of state is held until death or abdication and is often hereditary and ‘includes a royal house (King or Queen), e.g. U.K. [the Queen or King is the head of the state (not necessary the government, i.e. he/she plays a ceremonial role in the administration of the ‘government)].. + Democratic state constitution ‘is @ Constitution which allows all adult citizens an equal say (whether directly or indirectly) in the ‘decisions that affect their lives or state governance, e.g. US, UK, Tanzania, and etc. + Dictatorial (undemocratic/autocratic) constitution vvual'sa type of a Constitution which vests state powers In one person or group of persons or organs, with the exclusion of others, e.g. Constitution of Libya during Khadafy regin (d) Classification according to the political system of the state: + Monoparty (Socialistic) Constitution: ‘Aconsttution ofa state is characterized by single-party rule or dominant-party rule of @ commun ist Ideology as the guiding party and a professed allegiance to a Leninist or Marxist-Leninist or commun Drincipte ofthe state, Eg. China, former Soviet Unlon, Cuba, Tanzania before 1992 and ¢ + Multiparty (Liberal) Constitution: Here, the constitution does not restrict freedom of political association fa Constitution Tanzania, Kenya, and etc OTHER TYPES OF THE CONSTITUTION + Supreme Constitution a state in which the legislative powers of the governing body are A ‘supreme’ constitution refers to unlimited. + Subordinate/Ordinary Constitution {A subordinate constitution Is a state in which the legislative powers are limited by some higher authority + Separated powers’ Constitution Is the Constitution which vest powers in the principal institutions of the state - legislature, executive and judiciary (Le. state powers are not concentrated in a single institution). This arrangement is most readily achievable under a written constitution. E.g. US Constitution + Fused powers’ Constitution These are kind of Constitutions found in totaitaran states or purely monarchical states. Under such <2 constitution [you] wil finda single figure, or single body, possessed with the sole pawer to propose ‘and enact law, to administer the state, and both to apply and to adjudicate upon the law.