Page 70 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Unit 3: Constitutions and Constitutionalism

• Documentary constitution or a constitution made by some assembly is quite specific and its Notes
being in a codified form is always a source of great convenience to the people. But the
English people are proud of their constitution despite the fact that it is a sort of maze in
which the wanderer is perplexed by unreality, by antiquarianism, and by constitutionalism.
• An unwritten constitution is one whose written provisions are very brief and most of the
rules of the constitution exist in the form of usages and customs. The British constitution is
the best example of an unwritten constitution.
• First, the Institutions of government are guided by conventions which are taken for granted,
but not formulated, save occasionally by individuals. Second, the constitution was not framed
deliberately by any formal body like a constituent assembly.
• A written constitution is one in which most of the provisions are embodied in a single formal
written instrument or instruments. It is a work of conscious art and the result of a deliberate
effort to lay down a body of fundamental principles under which a government shall be
organised and conducted.”
• A written constitution has its own merits. First, it is full of clarity and definiteness because
the provisions are written in detail. Second, it has the quality of stability. Since the people
know about the nature of contitutional provisions, they feel a sense of satisfaction. Third,
since all important points are reduced to writing, the rights and liberties of the people are
secure.
• A written constitution becomes a plaything in the hands of the lawyers and the courts.
Different interpretations come up from time to time that unsettle the judicial thought of the
country.
• It has the quality of elasticity and adaptability. Since, most of the rules are in an unwritten
form, people may adapt them in response to the new conditions. Second, it is so dynamic
that it prevents the chances of popular uprisings. Third, it is resilient with the result that it
can absorb and also recover from shocks that may destroy a written constitution.
• A written constitution is generally preferred to an unwritten constitution.
• The difference between a written and unwritten constitution is one of degree and not of
kind. Both constitutions are written, one in detail and the other in brief. But a deeper study
shows that the distinction between the two is of a superficial nature.
• “The classification of constitutions into written and unwritten forms should therefore be
discarded. The better distinction is that between countries which have a written constitution
and those which have no written constitution.”
• Here the process of amendment is quite difficult. A special procedure has to be followed to
make a change in any rule of the constitution.
• The constitutions of USA, Switzerland, France and Australia fall in this category. Thus,
Garner says that rigid constitutions are those which emanate from a different source, which
legally stand over and above ordinary laws and which may be amended by a different
process.
• A flexible constitution has its merits. First, it has the quality of adaptability. It may be easily
changed as per the requirements of the time, particularly during the times of national and
international crises.
• Politically indifferent or backward people would not be able to check their selfish leaders
from changing the constitution just for the sake of some political gains.
• First, it inculcates the feelings of conservatism. It may fail to keep pace with the changing
conditions of the country. Second, the element of inelasticity leads to the possibilities of
frequent upheavals or revolts.

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