In this article you will learn about the Features of Constitution in Political Science.
Constitution
“To live by the rule of the constitution”, wrote Aristotle, “ought to be considered not slavery but salvation”. Each modern state is governed in accordance with the provisions of its Constitution. The Constitution describes as to whether a state is federal or unitary or has a mixture of these two. It lays down the organisation, structure, powers and functions of the governments of the state and the relations between it and the people of the state. In contemporary times, almost every state has its own written constitution. Each modern state is ruled by the provisions of its Constitution which represents the sovereign will of its people. Democratic Constitutionalism is the order of the day.
Constitutionalism, as has developed since times very ancient, has now led to a universal recognition in favour of the existence of a self-made constitution for each state. The people of each state have the right and freedom to have a self-made constitution under which a democratic system of self-governance can be organised and operationalised by them. Each state now has a constitution and it is in accordance with the provisions of the Constitution, that the government of the state is organised, and it exercises power over the people.
Features of Constitution
The constitution is the collective name of all the constitutional laws of the state. Constitutional i.e. the constitutional law of the state is the supreme law of the land and it binds all its people and places.
It describes and legally prescribes :
- the organisation and powers of the government ;
- the principles and rules governing the struggle for power in the state ;
- the relations between the people and their government ; and
- the rights and duties of the people.
The entire machinery of government is organised and worked in accordance with the provisions of the constitution. However, it must be clearly understood that the constitution consists of both the written constitutional laws of the state as well as the unwritten customs and conventions which regulate the working of all governmental institutions in actual practice. Wheare defines a constitution as “that body of rules which regulates the ends for which and the organs through which governmental power is exercised in the state.”
Every state, irrespective of the form of its governments, must have its own constitution. In contemporary times all states whether democratic or authoritarian have their constitutions, though in both cases different forms of constitutionalism are enshrined in them.
This article on Features of Constitution in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.