list and explain the major classifications of constitution
Answers
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a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
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Answer:
(1) Evolved and Enacted
(2) Legal and Real
(3) Written and Unwritten
(4) Flexible and Rigid
Explanation:
(1) Evolved and Enacted; An evolved constitution is the result of the historical development. This is the result of the centuries’ long struggle of the British people against their Monarchs. For example, till Tudor period, the British Monarchs were quite absolute. The Stuart Kings wanted to become more powerful and thus, a civil war broke out during their regime which resulted in the success of the British Parliament. During the period of George I and II, the Cabinet system developed in England. Since the rule of Queen Victoria, till today, the British Constitution has developed very much and the conventions have contributed a let to its development. Enacted constitutions are framed at a particular time, like the American Constitution which was framed by a Constituent Assembly after the declaration of Independence. In France, the first constitution was framed in 1830, the second in 1848, the third in 1871, the fourth in 1946 and the fifth in 1958. After Second World War, new Constitution of India was completed on November 26, 1949 and it was introduced on January 26, 1950.
(2) Legal and Real; Sometimes the constitutions are classified in this way also. For example, the Constitution of America can be read in a few hours, but one cannot get real and complete information about the constitution in this way. The Constitution of America was very rigid, but because of conventions and a liberal interpretation of the constitution by the judges, it has become quite viable.
(3) Written and Unwritten; Garner, the difference between the evolved and enacted constitution is similar to that of written and unwritten constitution. An unwritten constitution is one whose major portion is not written. Written constitution is one whose basic principles are written. Gamer, "A written constitution is generally an instrument of special sanctity distinct in character from all other laws, proceeding from the different sources, having a higher legal authority and alterable by a different procedure".
(4) Flexible and Rigid; In the early part of the nineteenth century, the Portuguese Monarch gave a charter to his people. Besides that, the written constitutions are enacted by a Constituent Assembly. Great Britain is the only country where there is an unwritten constitution. This is the glaring example of an evolved constitution.
The second difference between the written and unwritten constitution generally relates to the ordinary and constitutional laws. Generally an unwritten constitution is flexible, while a written constitution is rigid.
There is no scientific basis for the difference between a written and an unwritten constitution. Though the British Constitution is an unwritten Constitution, yet it includes a large part of laws passed by the Parliament.