1. What is constitution?

 Definitions of constitution by different jurist?

 Kinds of constitution?

2. What is constitutional law?

What is constitution?

A constitution serves as the fundamental framework that outlines the essential rules and

regulations which governs functioning of governmental bodies and citizens. Constitution can

be in written or unwritten form. It represents the highest set of laws and principles that

establish the structure of a political system and government. A constitution is a fundamental

and foundational legal document or set of principles that establishes the framework for a

government, defines the rights and responsibilities of citizens, and often outlines the structure

of government institutions.1

Definition of constitution by different jurist

Black Law Dictionary: defines constitution as “the organic and fundamental law of a nation

or state which may be written or unwritten, establishing the character and organizing the

government and regulating, distributing and limiting the functions of its different departments

and prescribing the extent and manner of the exercise of sovereign powers”.2

1. Aristotle: – According to him, definition of constitution is the way by which all

citizens or organs of the state are organized in relation to each other

2. George Cornewell Lewis: – He defined constitution as “system and distribution of

sovereign power as community or government”.

3. Leacock: – According to him, “Constitution is the form of government”.

1
Heart Johan Spiro, “Constitution politics and law” 2023, available at
https://www.britannica.com/topic/constitution-politics-and-law
2
Black law Dictionary , https://thelawdictionary.org/constitution/
 4. Austin: – stated the definition of constitution as, “It fixes the structure of supreme

government.”3

Kinds/Classification of Constitution

Constitution can be classified in various ways based on different criteria. Common

classification is based on how they can be amended. Here are some key classifications of

constitution:

1. Written and Unwritten Constitutions

2. Rigid and Flexible Constitutions

3. Federal and Unitary Constitutions

4. Codified and Uncodified Constitutions

1. Written and Unwritten Constitutions:

o Written Constitution: A written constitution is one that consists in a single

formal document or a set of documents. It is often codified and easily

accessible. Examples include the United States Constitution and the German

Basic Law.

o Unwritten Constitution: An unwritten constitution, on the other hand, is not

contained in a single written document. It is derived from various sources,

including historical documents, legal precedents, conventions, and traditions.

3
Definition of constitution and its classification, https://legalpaathshala.com/definition-of-constitution-and-its-
classification/
 The United Kingdom is an example of a country with an unwritten

constitution.4

2. Rigid and Flexible Constitutions:

o Rigid Constitution: A rigid constitution is one that is difficult to amend or

change. The process for amending the constitution is typically more complex

as compared to flexible constitution; it may require a supermajority or a

special procedure. For example, the United States has a rigid constitution.5

o Flexible Constitution: A flexible constitution is one that can be relatively

easily amended through the regular legislative process. Countries with flexible

constitution can make changes with a simple majority vote of the legislature.

The United Kingdom's unwritten constitution is an example of a flexible

constitution.

3. Federal and Unitary Constitutions:

o Federal Constitution: A federal constitution is one that establishes a system

of government in which power is divided between a central government and

sub-national entities (such as states or provinces). The constitution typically

delegates the powers and responsibilities of each level of government.

Examples include the United States and Pakistan.

o Unitary Constitution: A unitary constitution, on the other hand, establishes a

system of government in which power is centered in a single authority, and

there is no significant division of powers among sub-national entities. The

United Kingdom, for example, has a unitary constitution.6

4. Codified and Uncodified Constitutions:

4
Mrinalini Menon “classification of constitution”, 2023 https://legalvidhiya.com/classification-of-constitution/
5
Ibid
6
Imran ehsan khan nayazee, ”Constitutional law British & U.S Constitutions”, federal law house.2011. 20-23
 o Codified Constitution: A codified constitution is one that is organized and

structured into a single and comprehensive written document. It is often easy

to access and refer, codified constitution is passed by legislative body. The

constitution of Pakistan is an example of a codified constitution.

o Uncodified Constitution: Uncodified constitution is a constitution which is

not available in a single or series of documents. The source of uncodified

constitution consists of statutes, case laws, conventions, and historical

documents. T he United Kingdom's constitution is an example of uncodified

constitution.7

These classifications provide a framework for understanding the different types of

constitution found around the world.

What is Constitutional law?

Constitutional law is a branch of legal principles and rules that concerns the interpretation,

application, and enforcement of a country's constitution. It governs the structure, powers, and

functions of government institutions, as well as the rights and freedom of individuals within a

specific political jurisdiction. Constitutional law plays a fundamental role in shaping and

regulating the relationships between different branches of government, safeguarding

individual rights, and defining the overall framework of a nation's legal and political system. 8

7
Imran ehsan khan nayazee, ”Constitutional law British & U.S Constitutions”, federal law house.2011. 20-23

8
https://www.law.cornell.edu/wex/constitutional_law