Concept of Constitution

Meaning of Constitution
The body of rules and principles in accordance
with which the powers of sovereignty are
regularly exercised.
Written instrument by which the fundamental
powers of the government are established,
limited and carried out.
 Nature and purpose of
Constitution

Serves as the fundamental law

Establishes basic framework and
underlying principles of the government
Kinds of Constitution
As to their origin and history
◦ Conventional or enacted – enacted by a constituent assembly or granted by a
monarch to his subjects.
◦ Cumulative or evolved – product of growth or a long period of development
originating in customs, traditions, judicial decisions etc.
As to their form
◦ Written- there is a definite written form at a particular time usually by
constituted authority.
◦ Unwritten – product of political evolution, consisting largely mass of customs,
usages and judicial decisions
As to manner of amending them:
◦Rigid or inelastic – cannot be easily
altered or amended.
◦Flexible or elastic on which possesses
no higher legal authority than ordinary
laws
Requisites of a Good Written
Constitution
1.Brief
2.Broad
3.Definite
Constitution vs Statute
A constitution is a legislation direct from the people, while statute
is a legislation from the people’s representatives .
A constitution merely states the general framework of the law and
the government, while a statute provides the details of subject of
which it treats.
A constitution is intended not merely to meet existing conditions
but to govern the future, while a statute is intended primarily to
meet existing conditions only.
A constitution is the supreme or fundamental law of the State to
which statutes and all other laws must conform.
Cha-Cha – Charter Change
Con-Con – Constitutional Convention
Con-Ass – Constitutional Assembly
PI – People’s Initiative
Congress may convene as a Constituent Assembly to propose amendments to Constitution.
Constitutional Convention – where Congress, upon a vote of 2/3 of all its members, calls for a
constitution convention.
- delegates will propose amendments or revisions to the constitution, not Congress.
Constitution can be amended also through People’s Initiative, in this method amendments may
be proposed by the people upon petition of 12% of the total number of registered voters.