Classification of Constitution Essay

Fundamental laws are widely classified into two classs. foremost written and unwritten ; and secondly. stiff and flexible. Written and Unwritten constitutionA written fundamental law is one in which the cardinal rules refering province disposal are embodied and which has. as a specific papers. been passed by a specific organic structure So a written fundamental law can be produced and shown as a individual papers. The US fundamental law. Indian Constitution. Bangladesh Constitution provide illustrations of written Constitution. On The other manus. where the fundamental law has non been passed officially as a specific papers by a specific organic structure and the cardinal rules refering province disposal exist in political imposts. Judicial determinations and in some scattered paperss. the fundamental law is an unwritten one.

The British Constitution provides the glowering illustration of unwritten fundamental law. Views. of class are expressed by different authors that this categorization of Constitution ( written and unwritten ) is non a scientific one since no Constitution can. in pattern. be to the full written or unwritten. An unwritten Constitution must hold some written elements. Likewise. a written fundamental law can non be to the full written. some elements of it exists in unwritten signifier. For illustration. British Constitution is unwritten but some of import elements of it are contained in written paperss like Magna Carta. Bill of Rights. Request of Rights. Act of colony etc.

On the other manus. the US fundamental law is written but some of import Constitutional topics like political party organisation. cabinet. commission of the Congress. working process of the Congress etc. are non written they are mostly based on political usage or convention Likewise Bangladesh Constitution is a written one but political party organisation. assignment of Chief Justice. formation of alliance authorities etc. are non written ; these are based on convention.

This is why it is said that the differentiation between written and unwritten Constitution is one of grade instead than of signifier C. F. Strong remarks that a categorization of Constitutions’ on the footing of whether they are written or unwritten is illusive. It is. of class. sometimes necessary to separate between the alleged written and alleged unwritten Constitution. and whenever we needed to make so. we shall mention to the former as a docudrama and to the subsequently as a non-documentary Fundamental law.

| THE CONSTITUTION OF THE PHILIPPINES

I. The Fundamental law

A fundamental law may be defined in different ways depending upon one’s attitude or point of position. They may be defined as:

1. ) English Point of View

A fundamental law is “the organic structure of those written or unwritten fun- damental Torahs which regulate the most of import rights of the higher magistrates and the most of import indispensable privileges of the topics. ”

2. ) American and Filipino Point of View

A fundamental law may be defined as “a written instrument by which the cardinal powers of the authorities are established. limited. and defined. and by which those powers are disturbed among several subdivisions for their more safe and utile exercising for the benefit of the organic structure. ”

In a more general manner. a fundamental law may be defined as the cardinal jurisprudence harmonizing to which the authorities of the province is organized and pleasantly to which the dealingss of the persons or moral individuals to the community are determined. ”

II. Concepts of Constitution

At present there are two accepted constructs of the fundamental law viz. :

1. ) American or The Written Constitution

a. ) By and large the Americans conceive of a fundamental law as something that must be written. yet this does non intend that the working or operation of the American authorities is based wholly on the commissariats of such written fundamental law.

b. ) A fundamental law is the supreme jurisprudence of the land which must function as the footing of the Acts of the Apostless of all the different subdivisions and functionaries in the authorities.

2. ) English or The Unwritten Constitution

a. ) This means that it is a merchandise of the gradual political growing and development. altering easy harmonizing to the demands of the times.

b. ) A fundamental law is a mere formal jurisprudence because its commissariats are non superior to the Acts of the Apostless of the legislative assembly or of the parliament.

III. Categorization of Fundamental laws

Depending upon their point of position. assorted governments have different ways of sorting the fundamental laws. The fundamental laws may be classified as:

1. ) Harmonizing to the grade of popular engagement or the type of authorities that they provide. they may be classified as democratic. blue. oligarchic. or bossy. From this point of position the Philippine Constitution may be classified as democratic.

2. ) Harmonizing to the process of amending them. they may be classified as flexible or stiff. The Filipino Fundamental law may be classified as rigid.

3. ) Harmonizing to their signifier. they may be classified as written or unwritten. The Filipino Fundamental law may be classified as mostly written.

4. ) Harmonizing to Sir Henry Maine. fundamental laws may be classified into:

a. ) Historical and Revolutionary

Those fundamental laws which develop bit by bit harmonizing to the experiences. imposts. and traditions of the people.

b. ) A Priori

Those fundamental laws which are founded on bad premises remote from the experiences of the people
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5. ) Harmonizing to their beginning. they may be:

a. ) Evolved. like the English Constitution. which is a merchandise of growing or of a long period of development.

b. ) Enacted. like the fundamental law of the United States. which was drafted by the deliberate act of the representatives of the people.

c. ) Granted. like the fundamental law of Japan of 1889. which the opinion prince or sovereign decreed to his topics.

IV Contents and Characteristics of a Written Constitution

By and large. written fundamental laws must dwell of the followers:

1. ) Preamble.

2. ) Provisions sketching or specifying the organisation. signifier. and distribution of the powers and restrictions of the maps of the authorities.
3. ) The Bill of Rights which enumerates the civil and political rights of the people.

4. ) Provisions ordering the process of amendment.

A good written fundamental law must hold the undermentioned features:

1. ) Broad

A fundamental law must be wide in its range because it outlines the organisation of the authorities for the whole province. A statement of commissariats and maps of the authorities. and of the dealingss between the regulating organic structure and the governed. requires a comprehensive papers.

2. ) Brief

A fundamental law must be brief because it is non the topographic point in which the inside informations of organisation should be set Forth. Some fundamental laws have been marred by the inclusion of pure ordinance.

3. ) Definite

The fundamental law must be definite. In a statement of rules of underlying the indispensable nature of a province any vagueness which may take to opposing readings of indispensable characteristics may do incalculable injury. Civil war and the break of the province may conceivably follow from equivocal looks in a fundamental law.