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Self- Assessment Questions

1. Define the term constitution:

WIDE / ABSTRACT SENSE- A constitution is a body of legal and non- legal rules/ sources concerning thegovernment of a state. In other words, a constitution is understood as where the fundamental or basicrules governing the affairs of the state or not in a single set of a document.

NARROW / CONCRETE SENSE- A single set of document or documents containing the basic orfundamental rules governing the affairs of a state. In other words, a constitution is understood as asingle written document having special legal status, which establishes the state, and sets out thestructure and powers of the state.

Note: both wide and narrow senses can be applied in Malaysia. In contrast, only abstract sense isapplicable to British Constitution because the rules of the British Constitution are not written down inone single document having special legal status, but are found in various sources.

A constitution is also understood as a set of rules which determine the manner the institutions are tobe set up, the powers to be distributed and the justice to be administered. A constitution is a broadset of rules and principles which a state is governed.

Generally, a constitution is a set of rules, generally written, which identify and regulate the majorinstitutions of the state and govern the relationship between the state and individuals.

According to Thomas Paine whom defined constitution in the wider/ abstract sense:

A constitution is not the act of government, but of a people constituting a government, and agovernment without a constitution is power without right..A constitution is a thing antecedent to agovernment, and a government is only the creature of a constitution.

According to Prof. KC Wheare,

A constitution is the whole system of government of a country, the colle ction of rules which establish &

regulate or govern the government.

2. Explain how you classify constitution:

The first classification is whether the constitution is written or unwritten (codified/ uncodified) It isintroduced by Prof. Wheare in 19 th century . A written constitution is a single document whichencompasses the most fundamental rules. It is where basic ideas on government can be found

embodied in a document.

Effect of having a written constitution:

i. Constitution becomes the highest law, courts have the right to strike out an act of Parliament when the particular act is against constitution.

ii. Rights are stipulated

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iii. Proper structure of governmentiv. Separation of powers

An unwritten constitution on the other hand the absence of a single set of a document whichencompasses the most fundamental rules of the state.

effect of having unwritten constitution:

i. Highest law is the Act of Parliament; instead of constitution.ii. Judges have no right to strike out an act of Parliament.iii. The rights are said to be negative, where they are not documented.

Second way of classifying constitution is whether the constitution is rigid or flexible. Such classification isintroduced by Lord Bryce in 19 th century. A flexible constitution is a constitution where all laws of aconstitution can be amended by a simple or ordinary law- making process. A flexible constitution hasno special procedures in amending, enacting or repealing any given law. On the other hand, a rigid

constitution has the availability of special procedures in place in enacting, amending or repealing anygiven law. There is a special procedure in constitutional amendment.

Third classification is Republican and Monarchical. In republics, for example USA, the head of state isdesignated a president who is directly elected by the people. In contrast, a monarchy, for exampleMalaysia, has King (or YDPA in Malaysia) as the head of state. The king holds widespread of forma;powers (under royal prerogative).

Fourth classification us Unitary and Federal. In a unitary constitution, all state powers are vested by theconstitution in central organs. There is an absence of traditional regional government. On the otherhand, a federal constitution is where government powers are divide d into the central government andstate government.

Fifth classification: supreme or subordinate.

Sixth classification: separated / fused.