An educated man is the one who can entertain a new idea, entertain another person and himself.

Sydney Wood

Lecture Zero

Introduction to Constitution
Outline:
(1) What is constitution? (2) Simple definition of constitution (3) Classical definition of constitution (4) KC Whearss definition of constitution (5) Who makes constitution? (6) Purpose of constitution (7) Relationship between state & constitution (8) Difference between constitution and government (9) Kinds of constitution (10) Important terms relating constitution.

Ans:

What is constitution? To answer the question, the following definitions are discussed:Simple definition of constitution:
Definition (=description of a thing by its properties)

A constitution lays down the general and the fundamental principles on which the powers of a state are exercised.
General (= common) Fundamental (=deep seated; essential; basic) Principle (= code; standard; rule) Power (= control; authority; command)

Thus a constitution fixes the common and the deep seated standards on which the control over a state is exercised. Classical definition of constitution: The fundamental law of a nation that establishes the institutions and apparatus of a government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.
Fundamental (=basic; primary; deep seated) Nation (=a large group of people having a common origin, language, and tradition constituting a political entity. Institution (=an established organization) Apparatus (=tool; device) Government (=a sovereign power in a state) Define (=describe; characterize) Scope (=potential; probable; would be)

Sovereign power ( the power to make & enforce laws) Guarantee (= assurance; give surety) Civil rights (= the right to vote, the right of due process, and the right of equal protection under the law) Civil liberties (= freedom from undue governmental interference or restraint)

Thus constitution is the basic body of law of a large group of people which has a common origin, language, and tradition constituting a political entity that focuses on establishing the organizations and tools for the sovereign power within a state and describe the potential of the government power to make and enforce laws, and gives surety about individuals civil rights and freedom from undue governmental interference and restraints. KC Wheares definition of constitution: The system of government of a country, the collection of rules which establish and regulate or govern the government.
System (=scheme; arrangement) Government (= method of controlling people; sovereign power in a state) Country (= state) Collection (= compilation; assemblage) Rules (= set of laws) Establish (= institute; set up; ascertain) Regulate (= control) Govern (=manage; direct) Thus constitution is the scheme of government of a country, the collection of set of laws which institute or manage the method of controlling people in a country.

Who makes constitution? Constitution is made by political powers of a state. Purpose of constitution: The purpose of constitution is: (1) to control the three organs of a state viz. Legislature, Executive & Judiciary. (2) to guarantee fundamental rights to the citizen of a state. (3) to guard the values of a society.
Values (= beliefs about what is right and wrong and what is important in life.)

Relationship between state & constitution

A state is a society of men established for the maintenance of order and justice within a determined territory by way of force. No state can achieve the objectives unless it has constitution. Constitution is inevitable as it provides organs to achieve the objectives.
Inevitable (=unavoidable)

Difference between constitution & government Government is the creature of the constitution. Without constitution government is a government without any power & right. (Tom PainRight of ManEdition. H. Collins-1969)
Creature (= a thing that is completely dependent on something else and is controlled by it.)

Golden feature of constitution Golden feature of a constitution is prevention of concentration of power in the hands of one organ of a state.

Concentration (=placing every thing at one place)

Kinds of constitution: (1) Flexible constitution (2) Rigid constitution (3) Unwritten constitution (4) Written constitution (5) Federal constitution (6) Unitary constitution (7) Republican constitution (8) Monarchial constitution Flexible constitution: A flexible constitution is the one that has no any special amending procedure e.g. British constitution. British Parliament can alter constitutional principles and define new baselines for government actions through ordinary legislative processes. Rigid constitution: A constitution whose terms cannot be altered by ordinary forms of legislation but only by special amending procedure e.g. USA constitution. Unwritten constitution: A country that does not have a single written document functioning as constitution. In British constitutional law, the constitution is a collection of historical documents, statutes, decrees, conventions, traditions and royal prerogative. Documents and statutes include Magna Carta (1215), the Bill of Rights (1689), and the European Communities Act (1972). The implied parts of a written constitution, encompassing the rights, freedoms, and processes considered to be essential, but not explicitly defined in the written document. Many aspects of an unwritten constitution are based on custom and precedent.

United Kingdom, Newzealand and Israeel have unwritten constitution.

Statute (= law passed by parliament) Decree (= a judicial decision given by court) Convention (= a generally accepted principle) Tradition (=past customs and usages that influences present) Royal prerogatives (= privilege available to crown) Magna Carta (=great charter; The English Charter that King John granted to the barons in 1215 and that Henry III and Edward I later confirmed; it is genrally regarded as one of the great common law documents and as the foundation of constitutional liberties. Encompassing (= encircling; surrounding) Right (= an interest protected by law) Freedom (= state of being free; a political right) Process (= a form of proceeding taken in a court for the purpose of giving compulsory effect to its jurisdiction) Explicitly (= clearly) Custom (=a rule of conduct) Precedent (= a judgment of a court cited as authority)

Written constitution: A constitution contained in only one document is a written constitution. Federal constitution: Federal constitution is the one that divides the powers of government between the central government and the provinces. Unitary constitution: Unitary constitution upholds one central supreme legislative body for the whole country. Republican constitution: Republican constitution promotes a system of government in which the people hold sovereign power and elect representatives who exercise that power.
Sovereign power (=power to rule)

Monarchial constitution: Monarchial constitution promotes a system in which a single person rules with powers varying from absolute dictatorship to the merely ceremonial.
Varying (= changeable) Absolute (= complete; total) Merely (=just; only) Ceremonial (= traditional; ritual)

Important terms relating constitution: (1) Constitutional, adjective. 1 relating to constitution.2. proper & valid under a constitution. (2) Constitutional freedom. A basic liberty guaranteed by the constitution. (3) Constitutionality, noun. The state of being constitutional (4) Constitutional immunity. A complete exemption from liability given by the constitution. (5) Constitutional limitation. A constitutional provision that restricts the powers of a governmental branch, department, agency, or officer. (6) Constitutional question. A legal issue resolvable by the interpretation of a constitution rather than a statute. (7) Constitutional right, a right guaranteed by a constitution. (8) Constitutional office. A public position that is created by a constitution rather than by a statute.

Additional Information:
(1)No definition is final definition.

(2) Constitution is the supreme law of the land. (3) A state or country or nation is a an institution, that is to say, it is a system of relations which men establish among themselves as a means of securing certain objects, of which the most fundamental is a system of order within which heir activities can be carried on.