Constitution and Constitutionalism
(UGC NET Detailed Notes)
Comparative Political Analysis (Unit 4)
UGC NET POLITICAL SCIENCE
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Constitution and Constitutionalism
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Table of Contents
  • Types of Constitution
  • Written and Unwritten Constitution
  • Rigid and Flexible Constitution
  • Federal and Unitary Constitution
  • Presidential and Parliamentary Constitution
  • Monarchical and Republican Constitution
  • Democratic and Authoritarian Constitution
  • Socialist and Capitalist Constitution
  • Secular and Theocratic Constitution
  • Indigenous and Colonial Constitution
  • Hybrid and Pure Constitution
  • Rule of Law
  • Introduction
  • What is Rule of Law
  • Definition of rule of law
  • Origin and History of Rule of Law
  • Characteristics of Rule of Law
  • Basic Principles of Rule of Law
  • Exceptions to Rule of Law 
  • A.V. Dicey’s Theory of Rule of Law
  • Postulates of Rule of Law
  • Criticism of Dicey’s theory of rule of law 
  • Rule of law in India
  • Application of rule of law in India
  • Status of rule of law on International Level
  • Judicial Independence
  • Introduction
  • Advantages
  • Criticism
  • Development
  • International Standards
  • Judicial Independence in Australia
  • Judicial Independence in Canada
  • Judicial Independence in Hong Kong
  • Judicial Independence in India
  • Judicial Independence in Singapore
  • Judicial Independence in England and Wales
  • Judicial Independence in United States
  • Emergency Power and Crisis of Constitutionalism

Types of Constitution

Written and Unwritten Constitution

  • Written Constitution refers to a single, formal document that clearly defines the structure of government, the distribution of powers, and the rights and duties of citizens.

  • It is deliberately framed by a Constituent Assembly or a special body appointed for the purpose.

  • It provides legal supremacy, meaning any law inconsistent with it can be declared unconstitutional.

  • It usually requires a special procedure for amendments, making changes more complex.

  • Examples:

    • United States Constitution (1787) – The first written constitution in the world, which defines federalism, separation of powers, and fundamental rights.

    • Indian Constitution (1950) – The longest written constitution, incorporating elements from various other constitutions.

    • French Constitution (1958) – Governs the Fifth Republic of France, defining executive and legislative powers.

  • Unwritten Constitution is not codified in a single document but consists of various statutes, judicial decisions, conventions, and traditions.

  • Evolves over time through precedents and political customs rather than being framed at a specific moment in history.

  • It provides flexibility, allowing gradual adaptation without the need for formal amendments.

  • Examples:

    • United Kingdom – Relies on documents like the Magna Carta (1215), the Bill of Rights (1689), and established conventions.

    • New Zealand – Though largely unwritten, it is based on constitutional statutes like the Constitution Act (1986).

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