What is the Constitution? Types of Constitution.

 

What is the Constitution? Types of Constitution.

Definition of Constitution:

"Constitution is that body of rules which regulates the ends for which the. powers of the government is exercised.". [K. C. Wheare, The Statute of Westminster, P. 12]

Constitution is the basic governing principle and backbone of a country. Constitution is the main driving force of state governance. The governance of the state is managed and controlled through the constitution. No state can be imagined without a constitution. A constitution is the supreme law of any state that governs and governs other laws and government. Constitution is essential for every independent country. And it is through a good constitution that the will of the people is expressed and the relationship between the ruler and the ruled is determined. According to political scientist CF Strong, a constitution is a set of rules that determine the powers of government, the rights of the governed, and the relationship between the governed and the governed.

Classification of constitution:

Constitutions are classified to facilitate knowing the nature and exact form of constitutions of different countries of the world. There are differences of opinion among political scientists regarding the types or classification of constitutions or regimes.

For example-
A. From these two points of view, the constitution is basically divided into two parts, made up through the legislature and composed of different types of customs prevailing from different times. namely-

i. Written constitution and
ii. Unwritten constitution.

B. According to the method of amendment, the constitution is divided into two categories. namely-

i. Amendable Constitution and
ii.UnAmendable constitution.

C.According to the system of distribution of powers, the constitution can be divided into four parts. namely-

i. Unicentric Constitution,
ii United States Constitution
iii State constitution and
iv. Parliamentary Constitution.

D. Constitutions can be divided into two categories according to the principle of public participation in governance. namely-

i. Democratic or republican constitution, and
ii. Aristocratic or monarchical constitution.

E.On the basis of political ideology, the constitution can be divided into two main categories. namely-
i. Policy related constitution and
ii. Neutral constitution.

F. From the Marxist point of view, authoritarianism can be divided into two categories. namely-

i. Bourgeois Regimes or Constitutions and
ii. Constitution of the working class.

Written constitution: When the basic rules governing the governance of a state are recorded in one or more documents, it is called a written constitution. A written constitution clearly spells out the essential principles of governance. Professor Gettel says,
“When a document contains all the basic principles of government administration, it is called a written constitution. This constitution is usually drafted and formally promulgated by a Constituent Assembly convention.

Unwritten constitution: Unwritten constitution refers to the set of customs, traditions and customs. Such a constitution is not drafted and adopted through specific plans and initiatives. A 'Constituent Assembly' or 'Legislature' does not frame the constitution at a specific time. United Kingdom (UK) is the best example of unwritten constitution. Although they are not included in any document, they are controlled by the government according to the written constitution.

Flexible constitution: "If a constitution may be easily amended by the ordinary law-making body and procedure it may be classified as flexible." [R. G. Gettell, Political Science, P-246]. A constitution which can be amended or changed by the Legislature through ordinary legislative procedure is called an Amendable Constitution. No special procedure needs to be followed for such a constitutional amendment. The Constitution can be amended by a simple majority of the voters present in the legislature. The unwritten constitution of England and the written constitution of New Zealand are examples of flexible constitutions.
UnFlexible constitution (Rigid constitution): The amendment, change or extension of the constitution requires the adoption of a special or complex procedure other than the conventional general law passing procedure of the country, it is called flexible constitution. The US Constitution is immutable. Because the US Congress is like common law. Cannot amend the constitution. In this case special or complex procedures have to be followed. Gettell said, "If a constitution requires a special organ or a more difficult procedure of amendment than that required for the creation of ordinary law, it may be classified as rigid."

Federal and unitary constitution (Federal and unitary constitution): In the federal constitution, power is distributed between the central government and the provincial governments on the basis of equality. Examples of this can be seen in India and the United States. In a unicentric constitution, the central government is empowered to make laws for the entire country. For example, Bangladesh.

Presidential and Parliamentary Constitution: Presidential and Parliamentary constitutions establish a cabinet-ruled government. For example, the constitution of Bangladesh.

Republican and monarchical constitution: The country where the head of state is a president Republican. If there is a king, the constitution of that country is called a monarchical constitution. For example, the Constitution of Bhutan and Nepal.

Principled and neutral constitution (Ideologically programmatic and neutral constitution): The constitution based on certain ideals or principles is called principled constitution. For example, the constitution of the People's Republic of China has been written on the basis of socialist ideals. Many regimes adhere to certain principles or ideals. This system of government is made according to the social, political, economic etc. conditions of the country. Such a constitution is called a neutral constitution. Germany is an example. Bourgeois and working class constitution

(Bourgeois and working class constitution): In the Marxist view, the constitution that is made to protect the interests of the rich in society or the privileged class of all kinds of comfort and power in state power is the bourgeois constitution. Marx called the regimes of all countries of the Western world essentially bourgeois regimes. And the regime that protects the interests of the working class in the society is called the constitution of the working class. In fact, such a constitution was attempted in former Soviet Russia.

FAQs:

What are the basic principles of Bangladesh  constitution?
Answer: There are 4 principles of Bangladesh Constitution. Namely: Nationalism, Socialism, Democracy, Secularism.

What is the name/official name of the constitution of Bangladesh?
Answer: Constitution of the People's Republic of Bangladesh (The people's republic of Bangladesh).