concept_of_constitution_kinds_of_constitution.pptx

Concept of Constitution presentation

1. Concept of Constitution

2. TABLE OF CONTENTS A. Meaning, Nature & Scope B. Constitutional Law C. Kinds of Constitution D. Construction/Interpretation E. Basic Principles

3. What is Constitution?

4. Example:

5. NATURE OF THE CONSTITUTION The nature of the Constitution refers to its fundamental characteristics and functions as the highest law of the land. Key Aspects: Supreme Law of the Land – No law or government action can go against the Constitution. Fundamental and Organic – It serves as the foundation of a nation’s legal and political system. Defines Government Structure – It organizes the government into branches (Executive, Legislative, and Judiciary). Protects Citizens' Rights – It guarantees individual freedoms and human rights. Can Be Amended or Revised – Constitutions are not fixed and can be changed to meet new challenges

6. SCOPE OF THE CONSTITUTION The Constitution governs all aspects of a nation's legal and political system . Its scope includes: Government Structure – Defines the three branches and their powers. Citizen Rights and Duties – Ensures fundamental freedoms and responsibilities. Law and Justice System – Sets the legal foundations for governance and justice. Territorial Integrity – Defines the country’s boundaries and sovereignty. Amendments and Revisions – Provides a legal way to change the Constitution when necessary

7. Importance of the Constitution Provides stability and order . Protects human rights and prevents government abuse . Ensures fair laws and justice for all. Adapts to changing societal needs through amendments.

8. Constitutional Law Concepts of Constitution - Chapter 3

9. Definition of Constitutional Law

10. Role & Importance of Constitutional Law

11. Key Components of Constitutional Law

12. Conclusion

13. Kinds of Constitution

14. Types of Constitution

15. Written vs. Unwritten Constitutions A Written Constitution is one that has been systematically and rationally written down and contained in a single document with a defined date or many dates. It is a formal, clear document that outlines the structure of government, the powers of various branches, and the rights of citizens. WRITTEN CONSTITUTION

16. Written Constitution What’s Included in a Written Constitution? Preamble – An introduction stating the purpose and guiding principles of the constitution. Fundamental Rights – The rights and freedoms guaranteed to citizens (e.g., freedom of speech, religion, equality). Duties of Citizens – Responsibilities that citizens must follow (e.g., obeying laws, paying taxes). Structure of Government – Defines the branches of government (Executive, Legislative, Judiciary) and their powers. Separation of Powers – Explains how power is divided among different branches to prevent misuse. Election and Representation – Rules for elections, voting rights, and representation in government. Law-Making Process – How laws are created, amended, and enforced. Amendment Process – How changes or updates can be made to the constitution.

17. Written vs. Unwritten Constitutions An Unwritten Constitution refers to a constitution that is not contained in a single document. Instead, it is based on a combination of statutes, judicial decisions, conventions, and traditions. UNWRITTEN CONSTITUTION

18. Codified vs. Uncodified Constitutions Uncodified Constitution Codified Constitution

19. Presidential vs. Parliamentary Systems Presidential System A system of governance where the executive branch is independent of the legislative branch. The president is both the head of state and the head of government, elected directly by the people or through an electoral system. Provides a strong separation of powers. Requires strong leadership from the president.

20. Presidential vs. Parliamentary Systems A system of governance where the executive branch is independent of the legislative branch. The president is both the head of state and the head of government, elected directly by the people or through an electoral system. Presidential System

21. Presidential vs. Parliamentary Systems Parliamentary System A system where the executive branch is part of the legislature. The head of government (prime minister) is typically chosen by the legislative majority, and there may be a separate ceremonial head of state (e.g., monarch or president).

22. Rigid vs. Flexible Constitutions Rigid Constitution A rigid constitution is one that requires a special, often lengthy, process to amend or change. This ensures that fundamental principles are not altered without broad consensus.

23. Rigid vs. Flexible Constitutions Rigid Constitution A rigid constitution is one that requires a special, often lengthy, process to amend or change. This ensures that fundamental principles are not altered without broad consensus. Flexible Constitution A flexible constitution is one that can be amended or modified easily, often through the normal legislative process.

24. Monarchical vs. Republican Constitutions Monarchical Constitution A monarchical constitution establishes a hereditary monarch (e.g., king, queen, or emperor) as the head of state. The monarch’s powers can vary widely depending on the system of governance. Republican Constitution A republican constitution establishes an elected or appointed head of state, with the government deriving its authority from the consent of the governed.

25. Monarchical vs. Republican Constitutions Republican Constitution A republican constitution establishes an elected or appointed head of state, with the government deriving its authority from the consent of the governed.

26. Federal vs. Unitary Constitutions Federal constitution A federal constitution divides and share governmental power between a central (national) government and regional (state or provincial) governments. Each level of government operates independently within its sphere of authority, as outlined by the constitution. Unitary constitution A unitary constitution centralizes all governing power within a single national authority. Any local governments exist and function under powers delegated by the central government.

27. CONSTRUCTION/INTERPRETATION

28. Constuction /Interpretation In the context of a constitution, "construction" or "interpretation" refers to the process of determining the meaning of the provisions of the constitution. This process is crucial because constitutions are often written in broad, general terms, and their application to specific cases or evolving circumstances requires interpretation.

29. Constitutional Construction/Interpretation

30. Constitutional Construction/Interpretation Constitutional construction is the method by which courts or legal scholars interpret the language, structure, and intent of a constitution. It helps apply constitutional principles to real-world situations.

31. The main purpose of constitutional construction is to ensure that the constitution remains relevant and adaptable to changing circumstances while adhering to its fundamental principles.

32. CONCLUSION Constitutional construction and interpretation are essential to maintaining the rule of law and ensuring that the constitution continues to serve its intended purpose in a changing society. Different methods of interpretation can lead to varying conclusions about the meaning of constitutional provisions, and the balance between original intent and modern realities remains a key issue in constitutional law.

33. BASIC PRINCIPLES OF THE CONSTITUTION

34. What is a “principle”? A rule or belief that helps guide a person’s actions The idea that forms the basis of something

35. BASIC PRINCIPLES Popular Sovereignty Limited Government Separation of Powers Checks and Balances Federalism Judicial Review

36. Popular Sovereignty Popular means the “people” Sovereignty means self-rule Popular sovereignty = the people rule Popular Sovereignty People are the most important source of power! - Abraham Lincoln (1809-1865)

37. 2. Limited Government Government can only do what the people want it to do. Government is held accountable by the people - Election - Impeachment - Other democratic institutions. Its powers are LIMITED by the Constitution.

38. 3. Separation of Powers Government is divided Power is not concentrated in one person’s or one group’s hand Constitution divides government into three branches. Each does something different: Legislative Branch – makes the laws Executive Branch – enforces the laws Judicial Branch – interprets the laws

39. 4. Checks and Balances Each branch limits the power of the other branches of government. In order to get things done, all branches must work together. This makes it very difficult to get things done This is a good thing It lowers the risks that any one branch’s power is abused

40. 5. Federalism Power and responsibility are shared Between a national government Called the federal or central government 50 state governments Local governments Some powers are delegated (given) to the National government Other powers are reserved (kept) by the states. Called “reserved” powers Some powers are shared between the two. Called “shared” or “concurrent” powers

41. Notably tested by the Civil War Challenged by many issues Civil rights Drug policies Gay marriage rights Re-established by federal government Through force Through constitutional amendments Through court cases Government Structure

42. The Supreme Court Supreme Court has nine justices (judges) They are appointed by the President and approved by the Senate They can serve a life term (They WANT this!) They hear cases having to do with the constitution

43. 6. Judicial Review The supreme court has the power to “review” Laws passed by Congress Laws passed by the states Executive actions the President makes They can declare something “unconstitutional”