CONSTITUTION AND CONSTITUTION MAKING.

A Constitution is a body of principles/laws/rules that enable people within a state to live

together in harmony and order.
A Constitution is also a body of principles/laws/rules that govern a country.
It also spells out the rights of the citizens as well as their responsibilities and duties in relation
to the state.
The constitution also defines and directs the relationship between the government and its
people. There are two types of constitution:
a) Written Constitution
b) Unwritten Constitution

Written Constitution
This is a type of constitution where fundamental principles and rules of the state have been
formally consciously reduced into a single document.
Such a constitution is prepared by a designated body then enacted and adopted through
clearly defined procedure.
A written constitution can only be amended through a predetermined process.
Amend - change
Many states in the world have written constitutions. The United States of America was the First
country to write a constitution in 1787 and enacted in 1789.
Enact-To put into practice/use
Advantages of Written Constitution
(i)It’s readily available for reference as all the provisions of the constitution are contained
within the document.
(ii)It is rigid and not prone to tampering with especially by politicians.
(iii)It is clear and definite in addressing various issues thus prevents any misinterpretation.
(iv)It clearly outlines the powers, terms, relations and duties of different organs of
government ensuring they don’t come into conflict with each other.
(v)It helps to promote national unity in a country since it acquires recognition and acceptance
from majority of the citizens.
(vi)It helps in safeguarding the interests and rights of majority groups.
Disadvantages
i)It uses a very difficult language.
-It makes it very hard for people to understand. Therefore, it requires a lawyer to interpret it to
the people.
ii) It is very rigid
-As a result, it responds slowly to the change within a nation.
iii) The procedure for amendment is very slow.
-This causes delays which could lead to civil disorder.
iv) It tends to be outdated.
-This is because it responds slowly to the changes in the state.
V) Amendment process is costly
- To change the constitution requires a lot of money especially if there is a referendum.

(ii)Unwritten Constitution
This is a type of constitution where fundamental principles and rules of a state are NOT
contained in a single document but are drawn from various other sources. Example is the
United Kingdom whose principles are drawn from the following documents:
i) Constitutional Milestones such as the Magna Carta (1215), which was an agreement between
King John and the nobility that guaranteed the certain privileges for the all Englishmen.
Legislation—this refers to the laws that are part of the fundamental principles of the state and
contribute to its aspirations. These includes:
(i)The petition of Right Act (1628) that prevented the state from raising taxes without the
consent of parliament. It also prohibited the imprisonment of people without a lawful
cause.
(ii)The Habeas corpus Act (1679) that establishes the rights of prisoners to an immediate
trial.
(iii)The Bill of Rights Act (1689) that limited the powers of the monarchy.
(iv)The Act of settlement (1707) that granted the independence of the judiciary.
(v)The Act of Union (1707) that united the parliaments of England and Scotland.
(vi)Parliamentary Acts (1911, 1949) that limited the powers of the House of Lords to delay
Legislation.
(vii)Parliamentary Acts (1918, 1928) that allowed women to vote.
(Viii) The Peerage Acts (1963) that prohibited discrimination on the basis of race, colour or
ethnic origin.
(ix)Representation of the people Act (1969) that lowered the voting age to eighteen.
ii) Case law: This refers to the specific rulings made by the British Courts that have had an
impact on the principles of the state. They include the judgment that determined the rights of
parliament and that of Sir Edward Coke, Chief Justice during the reign of James I who ruled that
monarchy by ‘divine right ‘was illegal.
iii) Parliamentary Customs: The traditions, customs and rules of the British Parliament form
part of the constitution as they define the legislative arm of government. These are contained
in various parliamentary records such as The Hansard which is the verbatim record of
parliamentary proceedings.
iv) Commentaries: These are the writings opinions and assertions of respected scholars, such as
John Selden who denied the divine origin of the monarchy, asserting that the institution
manmade for the benefit of human beings.
The writings of John Locke justified the depositions of kings. These are some of the writings that
justified the British constitution.
v) Constitutional Conventions: These are political traditions and agreements which have been
followed or applied over a period of time, although they have little or no basis of in law. The
party system and the powers of the prime minister are the results of such convention (1689)
Unlike the American constitution that is contained in a single document and is clear, the
British Constitution is not and is thus referred to as an Unwritten Constitution.
Advantages of Unwritten Constitution
(I)Unwritten Constitution is relatively simple to amend as they are altered like the ordinary
laws.
(ii)These types of constitution are usually homegrown hence are more acceptable across the
board in application.
(iii)They are flexible and easily adoptable in prevailing situations in the state.
Disadvantages of Unwritten Constitution
-It can be amended hence open to manipulation by the legislative arm of government.
-It’s indefinite and imprecise in comparison to the written ones
-Too much power is given to the judiciary that has the responsibility of interpreting the
constitution.
-It does not guarantee sufficient protection to the rights of the citizens. This calls for high level
of political awareness and vigilance on the part of the people to safeguard their rights and
liberties.
-It tends to overload the judiciary as they look for constitutional principles not only in judicial
decisions but in statutes.
Characteristics of a good constitution
Regardless of the format in which a constitution exists, there are certain characteristics that are
common to all good constitutions. These include:
(i)Clarity: A good constitution ought to clearly define and spell out its contents. This should be
in a language that eliminates ambiguity in order to enable all who read it to understand it.
(ii)Comprehensiveness: It should be comprehensive, addressing as many components of the
state as it can, as clearly as possible and in detail, so that it will not invite disputes or
misunderstanding.
(iii)Flexibility: It should be flexible enough to easily respond to any changes in the state, while
maintaining the state’s overall principles and aspirations.
(iv) Bill of Rights: The rights and freedoms the citizens are entitled and ought to be clearly
stated in the constitution, which should also provide for the protection of these rights and
freedoms.
(v) Amendment: Provisions for the amendment of the constitution should be included,
distinctly stating which sections can be amended and which cannot, as well as who may
participate in that process.