In this article you will learn about the Evolved and Enacted Constitution in Political Science.
Evolved Constitution
An evolved constitution is the constitution which is not made at any time by any assembly or persons or institution. It is the result or slow or gradual process of evolution and its rules, regulations and principles draw binding force and strength from the fact of their being recognised as ancient, time-tested and respected customs and conventions. Some of these conventions stand recognised by law and become enforceable while the others are followed because of the sanctions of public opinion, moral consciousness and practical utility in their favour. Such constitutions are the results of historical evolution and of the ever growing political essence of the people. The constitution of Great Britain presents a classic example of an evolved constitution because it has been the product of slow growth in which several pleasant historical accidents and several planned designs have played a big role. It is a constitution based mostly upon customs, usages and conventions.
Enacted Constitution
As against an Evolved Constitution, an Enacted Constitution is a man-made constitution. It is made, enacted and adopted by an assembly or a constituent assembly or a council, made like a law, after full discussions over its principles, objectives and provisions. The Constituent Assembly is constituted by the representatives of the people and it drafts and enacts the constitution. It is written in the form of a book and in a formal and systematic manner. It describes the process of organisation of government and lays down the functions of its organs and all other aspects of governments. The constitutions of the USA, Japan, India, China and most other states have an enacted constitution.
When the Constitution provides for a democratic system of government it is called Democratic Constitution. All the constitutions are referred to as non-democratic, authoritarian or totalitarian constitutions.
Contents of a Modern Constitution
A constitution, writes Burgess, must provide for three types of provisions : (i) provisions for the constitution of rights and liberty of the people; (ii) provisions for the constitution of government of the state; and (iii) provisions for the constitution of sovereignty. A modern constitution, in fact, contains provisions in all these three respects.
It basically includes :
- An affirmation of the aims, values, objectives and goals which the people want to secure.
- A grant and guarantee of the fundamental rights and freedoms of the people.
- A detailed account of the organisation of the government. The organisation, powers and functions of its three organs and their inter-relationship is defined and prescribed by the constitution.
- A federal constitution always provides for a definite division of powers between the federal government and the governments of the federating units.
- Provisions for the amendment of the constitution always form a part of the constitution. Article 368 of the Constitution of India lays down the power and procedure of amendment of the Constitution.
- The method of constituting the government or the election system and political rights of people are considered essential parts of every modern constitution.
- Provisions regarding some fundamental principles of governance like rule of law, liberalism, secularism, separation of powers, independence of judiciary are also included in a modern constitution.
This article on Evolved and Enacted Constitution in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.