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Constitution Basic Definitions

The document outlines the definitions and characteristics of constitutions, dictatorships, democracies, and different forms of government, including presidential and parliamentary systems. It explains the fundamental roles of the executive, legislature, and judiciary within these systems and highlights the processes for amending constitutions. Additionally, it contrasts the structures and functions of parliamentary and presidential governments, emphasizing the separation of powers and the responsibilities of each branch.

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20 views6 pages

Constitution Basic Definitions

The document outlines the definitions and characteristics of constitutions, dictatorships, democracies, and different forms of government, including presidential and parliamentary systems. It explains the fundamental roles of the executive, legislature, and judiciary within these systems and highlights the processes for amending constitutions. Additionally, it contrasts the structures and functions of parliamentary and presidential governments, emphasizing the separation of powers and the responsibilities of each branch.

Uploaded by

eeshaamir2004
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Constitution

A constitution is a set of fundamental rules that determine how a country or state is


run. Almost all constitutions are “codified”, which simply means they are written
down clearly in a specific document called “the constitution”. However, some
countries, such as Israel, New Zealand and the United Kingdom, have “un-codified”
constitutions which can’t be found written down neatly in one particular place.
Constitutions usually include the following basic elements:
 A passionate introductory statement setting out the purpose of the
constitution, known as a preamble.
 A detailed description of how power is to be distributed between the three
branches of government – the legislature, executive and judiciary – as well as
between national and state levels of government
 A guarantee of certain basic rights enjoyed by individual citizens of the
country.
As constitutions include the most fundamental rules governing a society, it is
generally more difficult for them to be amended than it is to pass ordinary pieces of
legislation. For example in the US, passing constitutional amendments requires
either a two-thirds majority of both houses of congress before being approved by
three-quarters of the states. Alternatively, a constitutional convention can be called
by two-thirds of US states which can propose amendments that will then need to be
approved by three-quarters of the states. Both of these processes are much more
difficult to complete than simply passing legislation through a majority of both
houses of congress, reflecting the fundamental importance of rules set out in the
constitution.
In contrast, the United Kingdom’s “un-codified” constitution vests ultimate authority
in parliament to “make or unmake any law”, to quote A. V. Dicey, under the
principle of parliamentary sovereignty. Since there is no written constitution of the
United Kingdom, any law passed by parliament has the potential to be of
constitutional significance, meaning the authority for altering the UK constitution
ultimately lies with parliament.
Non-state bodies, such as companies, can also have constitutions which set out the
purpose of the company as well as the ground rules by which it is to be run.
DICTATORSHIP
dictatorship, form of government in which one person or a small group possesses
absolute power without effective constitutional limitations. The term dictatorship
comes from the Latin title dictator, which in the Roman Republic designated a
temporary magistrate who was granted extraordinary powers in order to deal with
state crises. Modern dictators, however, resemble ancient tyrants rather than
ancient dictators. Ancient philosophers’ descriptions of the tyrannies of Greece and
Sicily go far toward characterizing modern dictatorships. Dictators usually resort to
force or fraud to gain despotic political power, which they maintain through the use

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of intimidation, terror, and the suppression of basic civil liberties. They may also
employ techniques of mass propaganda in order to sustain their public support.

Democracy
Democracy is a term used to describe systems of government in which power
ultimately lies with the people. The term itself traces its etymology back to the
greek words “Demos”, meaning “people”, and “Kratos”, meaning “power”. Its
opposite form of government is an autocracy, in which one person exercises
absolute power.
There are many different countries today which can be described as democracies,
however, their governments are not all structured in the same way. A constitutional
monarchy, like the UK for example, whilst retaining an unelected head of state and
an upper chamber, is nonetheless deemed to be a democracy by virtue of the fact
that the elected House of Commons is the most powerful political institution in the
country.
On the other hand, the democracy of the United States of America has an elected
head of state and legislature, as well as a written constitution which clearly
delineates the relative powers of each branch of government.
Both the UK and the US are considered forms of representative democracy, as
opposed to direct democracy. Under systems of representative democracy, the
populace periodically elects officials to make political decisions on their behalf.
Under systems of direct democracy, such as in certain cantons in Switzerland,
citizens are frequently asked to vote on specific matters of policy through referenda,
thus playing a direct role in political decision making.
Presidential form of government
There is only one executive in this form of government, which is the president.
Hence it is also called the single executive system. The president is the head/chief
executive of the state as well as the government and is chosen by the people
directly.
The legislature is completely independent of the executive, in the presidential form
of government. The three organs of the government: the legislative, executive and
the judiciary are all independent of each other. The legislature is responsible for
formulating laws, the executive, headed by the president enforces those laws and
the judiciary carries out judicial tasks. Some of the countries with a presidential
form of government are the United States, Brazil, South Korea, Turkey, the
Philippines, Indonesia etc
Parliamentary form of government
In this form of government there are two executives. The president is the nominal
executive and the head of the state. The role of the president is primarily
ceremonial. The prime minister is the real executive and the head of the

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government, who along with the cabinet has the maximum powers. So, it is known
as, the “cabinet form of government”.
Since the parliament is directly responsible to the people, it is also called the
“responsible government.” The executive is responsible to the legislature. Hence,
there is no clear separation of powers as in the presidential form of government.
Some of the countries which have a parliamentary system of government are
Germany, Italy, Japan, the United Kingdom, India, Portugal etc.

Parliamentary system vs presidential system chart

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Parliamentary form of Presidential form of
Context
government government

The form of government in which


The form of government in
all organs of the government
Separation of which the executive is
(legislature, executive and
powers responsible to the legislature,
judiciary) are independent of each
thus being dependent on it.
other.

The people elect


The president is directly elected
Election representatives of the
by the people.
legislature.

It is a dual executive. The head


The head of the state and
of the state and government
Executive, government is the same, hence it
are different (president and
is a single executive.
prime minister)

Industry experts, outside of the


are members of the parliament
Ministers legislature, can also be chosen as
and are of the ruling party.
ministers.

Dissolution of
The President can dissolve the The president does not have the
the lower
lower house. power to dissolve the lower house.
house

Tenure of Prime Minister is not


The tenure of fixed since it is dependent on The tenure of the president is
the head the majority support in fixed.
parliament.

There are more chances of


Autocracy It is less autocratic.
autocracy.

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ORGANS OF GOVERNMENT
Organisation of government: this may be defined as the separation and division of
power of the three organs of government in a modern political system.
The three organs of government include the executive, legislature and Judiciary.
The functions of them are defined by the constitution of the countries for example,
the executive is for policy making and implementation of policy.
The legislature is for law making and the Judiciary is for the interpretation and
punishment of offenders.
THE EXECUTIVE
The executive arm of government is the organ of government responsible for policy
making and implementation of policy and laws made in the country. This arm of
government is the same with administration or cabinet.
FUNCTIONS OF THE EXECUTIVE ARM OF GOVERNMENT.
1, policy formulation
2, Supervision
3, Appointment of top officials
4, Declaration or war
5, Budgeting
6, Maintenance of law and order
7, signing of bills into law.
THE LEGISLATURE
The major function of the legislature Arms of government is law making. It is the
centre of disseminations about policies, programmes and ideas and where
important decision are made.
TYPES OF LEGISLATURE
The following are types of legislative
1. Bi- cameral Legislature
2. Uni-cameral Legislature
FUNCTIONS OF THE LEGISLATURE
1, Law making
2, Financial control
3, Amending the constitution

5
4, power of approval
5, power of questioning
6, serving as a link
7, power of impeachment

THE JUDICIARY
The Judiciary constitutes the arm of government that interpret the law of the state
and applies the existing law of individuals cases.
FUNCTIONS OF THE JUDICIARY
1, Interpretation of law
2, punishment of offenders
3, settlement of dispute
4, safeguarding the right of the citizens
5, protection of the constitution

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