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Constitution

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Definition of Constitution

State is the political organization which is administered by the group of person


known as the government. When we say the government of a state, it means basically
the executive, the legislative and the judiciary. But this government cannot run
the state according to their whim and caprice. There has to be certain rules and
principles on the basis and under the authority of which the government can run
the state. This set of principle is called the Constitution

In Black Law Dictionary,


“The fundamental and organic law of a nation
or state that establishes the institution and system of government, defines the
scope of governmental sovereign powers, and guarantees individual civil rights and
civil liberties.”

According to Lord Bryce,


“Constitution is the aggregate of laws and
customs under which the life of the state goes on

Classification

Constitution is widely classified into two categories.

1. Written & unwritten.


2. Rigid & Flexible.

Written & unwritten

Written Constitution is one which the fundamental principles concerning state


administration are embodied and which has, as a specific document, been passed by
a specific body.

U.S Constitution, Indian Constitution and Bangladesh Constitution are Written


Constitution.

On the other hand, where the constitution has not been passed formally as a
specific document by a specific body and the fundamental principles concerning
state administration exist in political customs, judicial decisions and in some
scattered documents, the constitution is unwritten one.

British Constitution is great example for unwritten constitution.

Rigid & Flexible

The distinction between Rigid and Flexible Constitution rests upon the method by
which the constitution may be changed. The Constitution which can be amended by
ordinary law making procedure is called Flexible Constitution. Ordinary law making
procedure means, making law by simple majority.

British Constitution is flexible constitution.


On the other hand the constitution which can not be amended by ordinary law making
process, need two-third majority for amended Constitution.

Bangladesh Constitution is rigid constitution.

Constitution

State is the political organization which is administered by the group of person


known as the government. When we say the government of a state, it means basically
the executive, the legislative and the judiciary. But this government cannot run
the state according to their whim and caprice. There has to be certain rules and
principles on the basis and under the authority of which the government can run
the state. This set of principle is called the Constitution.
(Md Abdul Halim: Constitution, Constitutional law and Politics; Bangladesh
Perspective)
Tomas Paine remark that,
“Government without a Constitution is a power
without a right.”
Like many other terms in political science, the term “constitution” has been
variously defined by different writers according to the varying conception which
they hold as to what Constitution should be.

From Wikipedia, the free encyclopedia,


We can find Constitution as,
“A constitution is a system for governance,
often codified as a written document that establishes the rules and principles of
an autonomous political entity. In the case of countries, this term refers
specifically to a national constitution defining the fundamental political
principles, and establishing the structure, procedures, powers and duties, of a
government. Most national constitutions also guarantee certain rights to the
people. Historically, before the evolution of modern-style, codified national
constitutions, the term constitution could be applied to any important law that
governed the functioning of a government.”
[By Wikipedia definition we can find that constitution is a state book of
fundamental political principles, and establishing the structure, procedures,
powers and duties, of a government, which help the government to guide the
nation/state.]

In Black Law Dictionary,


“The fundamental and organic law of a nation or state that establishes the
institution and system of government, defines the scope of governmental sovereign
powers, and guarantees individual civil rights and civil liberties.”
[By Black Law Dictionary definition constitution is a collection of fundamental
and organic law of a nation or state which define the scope, duty, right & power
of the sovereign government and which give the guarantee of civil right and civil
liberties. That mean what will be state policy, what is the duty of the
government, how they fulfill/ maintain it and what is the right of the government
against people of the state.]
Aristotle define,
“The way of life the state has chosen for itself.
[This definition is very ancient and no clear characteristics of a constitution
can be found in it. He not defined what can be state life]
According to C. F. Strong,
“A constitution may be said to be a collection of principle according to
which power of the government, the right of the governed and the relation between
the two are adjusted.”
[Strong’s definition is more or less a defective one.]

According to Lord Bryce,


“Constitution is the aggregate of laws and customs under which the life of
the state goes on.”
[This definition by Bryce is a narrower one. Because being influenced by the
constitutional system of Britain Bryce has defined Constitution as an aggregate of
custom. But it is the fact that expects Britain and New Zealand nowhere in the
world a Constitution can be found which can be said to be aggregate of customs.]
Constitution is a body of rules written or unwritten which determine the
organization of the state of the, the distribution of powers within the principal
organs of the government and the relation between the government and the governed.
At last, Constitution is the supreme law of the land, which guide the government
to make state policy and which define the scope, duty, right & power of the
sovereign government and people. Give guarantee to keep civil right and civil
liberties.

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