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Saturday, August 3, 2019


Constitution : The basis of any system of government, democratic or otherwise, is its Constitution. A Constitution is the vehicle of a Nation's progress. It is a legal and social document. In democracy, however, Constitution has a special significance. Modern writers view the Constitution as a scheme for the arrangement of power-relationship inside a community. The basis of a Constitution lies in a belief in limited government.
In a democracy, however, Constitution has a special significance. Still, writers differ as to the precise meaning of the term Constitution. Its general nature may be understood by examining some of the authoritative statements of eminent writers. For instance, Lord Bryce defined a Constitution as "a frame of political society organised through and by law, that is to say, one in which law has established permanent institutions with recognised functions and definite rights." According to Dicey, ''it includes (among other things) all rules which define the members of sovereign power, all rules which regulate the relation of such members to each other or which determine the mode in which the sovereign power or the members thereof, exercise their authority." It follows that a Constitution signifies the total complex of effective rules relating to the fundamental concerns of government.
Modem writers view, "the Constitution as a scheme for the arrangement of power-relationship inside a community". According to Professor, Wheare (Modern Constitution), the basis of a Constitution lies in a belief in limited government. Its purpose is to design the institutional fabric of a state by means of which power relationship may be so organised that it would lead to an effectively restrained governmental action. As Friedrich in his work Constitutional Government and Democrary observes, "As a political process, the Constitution can be described as analogous to the rules of a game insuring fair play". A Constitution is, broadly speaking, a set of rules, written and unwritten, that seeks to establish the duties, powers and functions of the various institutions of government, regulate the relationships between them and define the relationships between the state and the individuals.
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