2nd Term
CONSTITUTION
Definition: The
constitution is a body of laws and principles which guide a people. It states
the powers of each tier of government and the rights of the people. It
establishes a basic framework or fundamental law of the land. It sets limits to
the actions of the government and the people by stating the rights and duties
of each.
Sources: (1) the
people’s history (2) customs and traditions (3) Act of Parliament (4) past
constitutions (5) constitutions of other countries (6) Conventions (generally
accepted political precepts and practices) (7)constitutional conferences (8)
judicial precedents
Types of
Constitution
(1)Written
constitution: it is the type of constitution in which the fundamental laws and
principles governing the people are written down and codified in one single
document.
(2)Unwritten
constitution: it is the type of constitution in which the fundamental laws and
principles governing the people are not written down in one single document,
but is found in different books, customs, conventions, judicial principles,
statutes etc.
(3)Rigid
constitution: this is a kind of constitution that is very difficult to change.
Merits (1) it guarantees human right
(2) it guarantees sustainable development (3) it is a lasting reference point
(4) it makes for political stability (5)it is the basis for long term planning.
Demerits (1) it delays decision
making (2)it leashes the leader’s power of innovation (3)it slows down growth
(4) it can provoke violent revolution which could claim lives and properties
(4)Flexible
constitution: it is easy to amend. If the method of amending the constitution
is the same as that of the passing of ordinary law, then the constitution is a
flexible one. Merits (1)it aids
quick decision making (2)laws are easily change to fit the changing
circumstance (3)it creates an opening for rapid growth (4)it costs little to
make or remake laws in a flexible constitutions Demerits (1) it is open to manipulation (2)it makes the country
vulnerable to dictatorship (3)it causes
political instability (4)laws can be momentarily made to torment political
opponents bearing in mind that it can as easily be changed back.
Constitution
as a major pillar of democracy
The constitution is a document of covenant
between the government and the people. In democracy, power belongs to the
people, but for the purpose of organization, the people hand this power to
elected representatives in trust. These representatives are therefore to rule
according to the agreed principles which are stated in the constitution. Thus,
without the constitution, the representatives would assume unlimited power over
the people. Then, it will no longer be democracy, and that means that the
people have lost the power indefinitely. So, constitution is a major pillar by
which democracy can be sustained.
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