The constitution is the supreme law of each state. It lays some rules regarding the organization, powers, and functions of the government, and among all the other things it also defines the basic features of state and the relation between the citizens and the states.
In simple words, we can say that constitutional law enjoys the position of being the supreme and fundamental law of the state. It lays down the organization and functions of the government of states. The Government can use only the amount of power that constitution grants.
Why Constitution is necessary?
There are a few reasons why a state must have a constitution, some of them are;
- It informs us regarding organization and powers of the government.
- It lays down the principles and rules governing the political process.
- It tells us about the relations between the people and their Government.
- It defines the right and duties of the people.
- Constitution is also needed to curb the powers of the Government.
- A state without Constitution will become a regime of anarchy, Constitution is thus necessary for every Country whether written or Unwritten.
Different types of Constitution?
A state may either have a written constitution or an unwritten constitution or a rigid or flexible constitution. Each of them has their own unique features as;
- Written Constitution– A written constitution is normally supposed to mean a document or collection of documents in which the basic rules regarding the main organs and institutions of governments are clearly laid down.
- Un-written Constitution– An unwritten Constitution reflects the evolutionary nature of free documentation of the rules and regulations. First, they are practiced and then by continuous practice, they become part of the constitution. The Constitution of Britain is the best example of Un-Written Constitution.
- Rigid Constitution– Rigid Constitution are these, which require a special procedure for the amendment. The constitution pf USA, Australia and Switzerland are the best example of a rigid Constitution. The rigid constitution is above the ordinary law and can be changed by a procedure, which is different from the procedure of ordinary law, this making it difficult to change.
The objective is the emphasis that the constitutional law embodies the will of the sovereign, and it should be treated as a sacred document.
- Flexible Constitution– In Flexible constitution there is no distinction between ordinary law and constitutional law, both also same. In this type, the Constitution may be written or mainly based on agreements. The amendment of the flexible constitution requires no special procedure. The Constitution of Britain is a classic example of a flexible constitution
