Constitution
Constitution
Constitution
Meaning
Constitution is the body of rules and maxims in accordance with which the powers of the state
are habitually exercised.
Concept
The purpose of the constitution is to establish the articulation of the state mechanisms for the
limitation and control of political power, and the promotion of collective good of the people.
Constitution is the main organic authority; it states the basic principles and outlines the framework of
the government and the law. It implies peoples adherence to law and loyalty to the Republic, and to the
government in which one renders habitual obedience. It gives one a sense of rational knowledge and
respect for the legitimate order of the political body.
Kinds
Form
a. Written constitution a formal document defining the nature of the constitutional
settlement the rules that govern the political system and the rights of the citizen and
government in a codified form.
Manner of amending
a. rigid or inelastic characterized by the difficulty of the amendatory process. A special
procedure is followed in changing certain provisions in the constitution, subject to popular
ratification.
b. flexible or elastic constitution that is easy to amend. Thus, it can adjust itself with ease to
changing condition and needs of the times.
In delineating the powers of the state and the government, the idea of separation of powers
plays an important role. Two variants of this theory of politics can be distinguished: one variant concerns
the different branches of government; the other relates to a territorial division of state power. The first
asserts that liberty can be safeguarded only in a political system in which governmental power is divided
into three different functional brancheslegislative, executive, and judicial. Each of these branches is
assigned different organs that are expected to adhere to their own functions. The second variant, called
division of powers, refers to the territorial division of state power, which has been established in most
contemporary states between a central and a local level.
Bill of rights has been also incorporated in constitutions in order to safeguard basic individual
rights, such as freedom of speech and press, freedom of religion and worship, and freedom of
association and assembly, among others. These rights aim to protect the individual from state
interference. Many modern constitutions have incorporated other rights as wellsuch as the right to
shelter, to employment, and to health carerequiring the state to undertake positive action for their
implementation.