INTRODUCTION TO THE

TERM CONSTITUTION

CONSTITUTIONAL DEVELOPMENT OF PAKISTAN LECTURE

NO: 2
 ORIGIN OF THE TERM

• French from the Latin word constitutio,

• Used for regulations and orders, such as the imperial enactments.
• William Blackstone used the term for significant and egregious violations
of public trust
 KEY FACTS RELATING TO THE
CONSTITUTION
• The Constitution of India is the longest written constitution of any
country in the world,
• Constitution of Monaco is the shortest written constitution
• Constitution of the United States is the oldest active codified
constitution.
 WHAT IS CONSTITUTION

•Following features can be associated with the term constitution:

• Basic document of a state
• Rules of the game
• Collective goal and idea of the community
• Makes it possible to act collectively like voting, representation
• Political system, judicial system
• Relations between government Houses
• Rules to regulate rulers and to be rules
 BROADLY EXCEPTED WORKING
DEFINITION
• Definition would encompass following constituents or factors
• Is binding on everyone in the state
• Concern the structure and operation of the institutions of
government
• Widespread public legitimacy
• Trickier to change / amend than the ordinary laws
• As a minimum, meet the internationally recognized criteria
 TYPES OF CONSTITUTIONS

• A. Perspective constitution
A prescriptive constitution emphasizes the foundational function of the
constitution as a ‘basic charter of the state’s identity’,
• B. Procedural constitution
A procedural constitution defines the legal and political structures of public
institutions and sets out the legal limits of government power in order to
protect democratic processes and fundamental human rights.
 FUNCTIONS OF THE CONSTITUTION

• Constitutions can declare and define the boundaries of the political

community
• Constitutions can declare and define the nature and authority of the political
community
• Constitutions can express the identity and values of a national community
• Constitutions can declare and define the rights and duties of citizens
• Constitutions can establish and regulate the political institutions of the
community
• Constitutions can divide or share power between different layers of
government or sub-state communities
• Constitutions can declare the official religious identity of the state and
demarcate relationships between sacred and secular authorities.
• Constitutions can commit states to particular social, economic or
developmental goals.
 WHAT DOES A CONSTITUTION CONTAIN

• Division • Executive actions

• Preamble • Judicial demands
• Declaration • Financials demands
• Fundamental rights
• Other institutions like
• Policy directives
election commissions,
• Lenitive actions ombudsman etc.
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