Constitution and constitution making

• A constitution is a set of rules or laws that governs a nation. It is a body principal/ laws/ rules that enable people with in a state to live together in harmony and order.
• Functions of a constitution:

  1. The constitution provides the legal ground from which the laws of the country are made.
  2. It spells out the powers of government and its relationship with the governed
  3. It spells out the right and duties of all citizens
• TYPES OF CONSTITUTION

  • Written constitution
  • Unwritten constitution
• Written constitution: This is a type of constitution where fundamental principles and rules of the state are written down in a single document.
• Amend: This means to change a certain law in the constitution
• Advantages of a Written Constitution:

  • It is readily available for reference
  • It is rigid
  • It is clear and definite
  • It clearly outlines the powers, terms, relations and duties of the different arms of government
• Disadvantages of a Written Constitution:

  • It uses very difficult language
  • It is very rigid
  • The procedure for amendment is very slow
  • It tends to be outdated
  • Amendment process is costly
• Unwritten constitution: This type of constitution where fundamental principles and rules of state are contained in a single document but are drawn from various sources.
• Examples of Unwritten Constitution:

  1. Constitutional Milestones- Magna Carta (1215)
  2. Case law- specific rulings made by the British Courts
  3. Parliamentary Customs- traditions, customs and rules of the BP
  4. Commentaries-writings, opinions and assertions of respected scholars
  5. Constitutional conventions- political traditions and agreements which have been followed or applied over a period of time
• Advantages of Unwritten Constitution:

  • Relatively simple to amend
  • Usually homegrown hence more acceptable
  • Easily adoptable in prevailing situations
• Disadvantages of Unwritten Constitution:

  • Open to manipulation
  • Imprecise and indefinite
  • Too much power is given to the judiciary
  • Doesn't guarantee sufficient protection