World Constitutions

American Constitution

• Formed in 1787, came into force in 1789 after the American Revolution.

• Salient Features:

  1. Written Constitution:

     • Classic example of a written constitution, the oldest existing one.
     • Contains a Preamble, 7 Articles, and 27 Amendments within 12 pages.

  2. Rigid Constitution:

     • Amendment requires a special process, distinguishing constitutional law from ordinary law.

     • Amendment Methods:

       • Proposed by 2/3 vote of both Houses of Congress, ratified by legislatures of 3/4 of the states (38/50) within 7 years.

       • Proposed by a constitutional convention called by Congress on petition of 2/3 of state legislatures (34/50), ratified by convention in 3/4 of state legislatures (38/50).

     • Amended only 27 times since 1789, demonstrating its rigidity.

  3. Federal Constitution:

     • First and oldest federal state in modern world, comprising 50 states and the District of Columbia.
     • Division of powers between Federal and State Governments.
     • Centre has limited, specified powers; states have residuary powers.
     • Each state has its own constitution, elected legislature, governor, and Supreme Court.

  4. Presidential Government:

     • President is both head of State and head of Government (chief real executive).
     • Elected by an electoral college for a fixed tenure of four years.
     • Can be removed by Congress only through impeachment for grave unconstitutional acts.
     • Governs with the help of Cabinet ('Kitchen' Cabinet - advisory body), whose members are selected/appointed by & responsible to the president.
     • President and Secretaries are not responsible to Congress, nor do they attend sessions.
     • President cannot dissolve the House of Representatives.

  5. Separation of Powers:

     • Legislative, executive, and judicial powers are separated and vested in three independent organs.
     • Manifested in Articles I (legislative - Congress), II (executive - President), and III (judicial - Supreme Court).

  6. Checks and Balances:

     • Enables each government organ to exercise partial control on others, preventing autocratic or irresponsible actions.
     • Examples:
       • President can veto bills passed by Congress (pocket and qualified vetos).
       • Senate confirms presidential appointments and treaties.
       • Congress determines judiciary organization and appellate jurisdiction.
       • President appoints judges with Senate consent.
       • Supreme Court can declare congressional laws/presidential orders as ultra vires.

  7. Supremacy of Constitution and Judicial Review:

     • Constitution is the highest law of the land.
     • Supreme Court acts as the custodian of the Constitution, can declare laws ultra vires.

  8. Bill of Rights:

     • Guarantees rights (life, liberty, property) and imposes restrictions on government authority.

  9. Bicameralism

     • Congress is bicameral: Senate (upper house, 100 members, 6-year term) & House of Representatives (lower house, 435 members, 2-year term). Senate is more powerful.

• American President:

  • Mode of Election:

    • Indirect election via electoral college. People elect Presidential Electors, who then elect the President.
    • The electoral college consists of 538 members (congressional representatives + senators + 3 for the District of Columbia).
    • A candidate needs 270 votes to win.

  • Qualifications, Term, and Removal:

    • Natural-born citizen, at least 35 years old, resident of the USA for 14 years.
    • Term of four years, eligible for re-election only once (maximum ten years total).
    • Removable through impeachment for treason, bribery, or other high crimes/misdemeanors. (Initiated by House, tried by Senate)

  • Powers and Functions:

    • Enforces Constitution, federal laws, treaties, and judicial decisions.
    • Commander-in-chief of armed forces.
    • Appoints judges, ambassadors, and other officials.
    • Formulates foreign policy.
    • Grants pardons (except in cases of impeachment).
    • Has three options with a bill: assent, reject and return, or reserve (pocket veto, qualified veto).

British Constitution

• Constitution of the United Kingdom of Great Britain and Northern Ireland.

• Blend of monarchy, aristocracy, and democracy.

• "Mother of Constitutions."

• Salient Features:

  1. Unwritten Constitution:

     • Mostly unwritten, a product of history and evolution.

     • A blend of formal law, precedent, and tradition.

     • Sources:

       • Conventions: Unwritten principles of political practice. (e.g., Monarch acts on Cabinet advice).
       • Great Charters: Historical documents defining powers (Magna Carta, Bill of Rights).
       • Statutes: Laws made by Parliament. (Habeas Corpus Act)
       • Common Law: Judge-made laws, enforced by courts.
       • Legal Commentaries: Expert writings on constitutional law.

  2. Flexible Constitution:

     • Easily amended by Parliament, no special procedure required.

  3. Unitary Constitution:

     • All powers vested in a single, supreme Central Government.

  4. Parliamentary Government:

     • Executive hails from and is responsible to the legislature.
     • King/Queen is nominal executive, Cabinet is real executive.
     • Party with majority forms government.
     • Ministers are individually and collectively responsible to the House of Commons.
     • King/Queen can dissolve the House of Commons on PM's advice.

  5. Sovereignty of Parliament:

     • Supreme power within the state lies with the Parliament.
     • Can make or repeal any law.
     • No judicial review.

  6. Rule of Law:

     • Law is supreme. Government must act according to law.
     • Absence of arbitrary power.
     • Equality before the law.
     • Primacy of individual rights (rights flow from judicial decisions, not the Constitution).

  7. Constitutional Monarchy:

     • Limited, hereditary monarchy. The Monarch is the head of state.

  8. Bicameralism:

     • Parliament has two houses: House of Lords (upper) and House of Commons (lower).

• British Cabinet

  • Composition

    • Prime Minister (head)
    • Most senior ministerial colleagues.

  • Privy Council

    • Close relationship with the Cabinet
    • Exists as an advisory body to the British monarch.
    • Functions have transferred to the cabinet as the inner comitee.
    • Presided by the Lord President of the Council.

  • Prime Ministerial Government

    • PM's power, influence and position have increased significanlty.
    • Cabinet Government is now a 'Prime Ministerial Government'

  • Shadow Cabinet

    • Formed by the opposition party.
    • Runs a "parallel" government with its shadow cabinet.
    • Acts as the alternative cabinet is there is a change of government.

French Constitution (Fifth Republic)

• Established by the French Revolution (1789-1799).

• Salient Features:

  1. Written Constitution:

     • Contains a Preamble and 92 Articles divided into chapters.

  2. Rigid Constitution:

     • Amendment requires 60% majority vote in both houses of Parliament or a national referendum (but republican form not subject to amendment).

  3. Unitary Constitution:

     • No division of powers between central and local governments.

  4. Quasi-Presidential and Quasi-Parliamentary:

     • Combines elements of both Presidential and Parliamentary systems.
     • Powerful President directly elected for a five-year term.
     • Nominated council of ministers headed by Prime Minister responsible to Parliament (ministers cannot be members of Parliament).

  5. Bicameralism:

     • Parliament comprises National Assembly (lower house, 577 members) and Senate (upper house, 348 members).

  6. Rationalised Parliament:

     • Parliament with restricted, limited powers.
     • Can make laws only on defined items; government can legislate by executive decree.

  7. Constitutional Council:

     • 9 members appointed for nine-year terms.

  8. Recognition of Political Parties:

     • The constitution states that parties must respect the principles of national sovereignty and democracy.

• French President:

  • Mode of Election:

    • Directly elected by universal suffrage.
    • A candidate has to obtain an absolute majority of the votes cast.

  • Tenure and Removal:

    • Five years; eligible for re-election, but for another consecutive term only
    • Removable through impeachment for high treason.

Japanese Constitution (MacArthur Constitution/Showa Constitution)

• Operative in 1947, based on democracy and peace (ideals conceived by the Allied Powers)

• Salient Features:

  1. Written Constitution:

     • Preamble and 103 Articles in 11 chapters (unique blend of American and British systems).

  2. Rigid Constitution:

     • Amendment initiated by the Diet with 2/3 majority, ratified by majority in a referendum.

  3. Unitary Constitution:

     • No division of powers between central and provincial governments.

  4. Parliamentary Government:

     • Emperor is the nominal executive, Cabinet (headed by Prime Minister) is real executive.
     • Party with majority forms government (leader becomes Prime Minister).

  5. Constitutional Monarchy:

     • Limited hereditary monarchy; Emperor is the symbol of the state and has no powers related to Government.

  6. Supremacy of Constitution and Judicial Review:

     • Constitution is the supreme law.
     • The Japanese Supreme Court derives its power of judicial review directly from the Constitution

  7. Fundamental Rights:

     • Modelled after the US Bill of Rights

  8. Renunciation of War:

     • Renounces war as a sovereign right and the threat or use of force as means of settling international disputes.

  9. Bicameralism:

     • Japanese Diet is bicameral: House of Councillors (upper) and House of Representatives (lower).

Soviet Constitution (1977 Brezhnev Constitution)

• Formed in 1917. After being a Super Power for more than 70 years, the USSR finally collapsed and disintegrated.

• Salient Features:

  1. Written Constitution:

     • Drafted by a committee headed by Mr Brezhnev.

  2. Rigid Constitution:

     • Required a special procedure for amendments
     • It could be amended by the legislature of the USSR (Supreme Soviet) by a two-third majority in each House

  3. Socialist Constitution:

     • Laid the foundation of a socialist state
     • Stated that economic system of USSR is socialist ownership of the means of production.

  4. Federal Constitution:

     • Consisted of 15 units called Union Republics
     • These units were Russia, Ukraine, Byelorussia, Uzbekistan, Kazakhstan, Georgia, Azerbaijan, Lithuania, Moldavia, Latvia, Kyrgyzstan, Tajikistan, Armenia, Turkmenistan and Estonia
     • The Units enjoyed the right to secede from the USSR

  5. Parliamentary Government:

     • The Council of Ministers was elected by the Supreme Soviet
     • Supreme Soviet could also remove the ministers

  6. Bicameralism:

     • The Supreme Soviet consisted of the Soviet of the Union (lower House) and the Soviet of the Nationalities (upper House)

  7. Presidium:

     • The supreme Soviet elected a governing body known as Presidium

  8. One-Party Dictatorship:

     • The communist party of the Soviet Union enjoyed the monopoly of the political power.

  9. Democratic Centralism:

     • The Soviet State is organised and functions on the principles of democratic centralism.

Russian Constitution (1993)

• Russia was the largest constituent unit of the former USSR. After dissolution of USSR, Russia adopted a new Constitution.

• Salient Features:

  1. Declares Russia as a sovereign and multi-ethnic republican state
  2. Provides for a federal state
  3. Establishes a liberal-democratic order and guarantees the fundamental rights to the citizens.
  4. Introduces Multi-party system and ensures free and fair periodic elections
  5. Provides for the division of state power among the legislature, executive and judiciary.
  6. Establishes bicameral legislature (Federal Assembly)
  7. Declares President of the Russian Federation as head of the State.
  8. Authorizes the President of the Republic to appoint the Prime Minister
  9. Provides for a 19-member constitutional court
  10. Authorises the Russian legislature (Federal Assembly) to remove the President by way of impeachment

Chinese Constitution (1982)

• After the communist revolution, the People's Republic of China was formed.

• Salient Features:

  1. Written Constitution

     • Originally, consisted of a Preamble and 138 Articles divided into four chapters.

  2. Rigid Constitution

     • It can be amended by the NPC by a majority of two-thirds of its membership

  3. Socialist Constitution

     • Declared that China is a socialist state governed by a people's democratic dictatorship that is led by the working class and based on an alliance of workers and peasants

  4. Unitary Constitution

     • Declared that China is a unitary multinational state built up jointly by the people of all its nationalities.

  5. Parliamentary Government

     • Provided that State Council of China is the executive organ of the highest state organ of power (NPC).

  6. Unicameralism

     • Provides for a unicameral legislature (NPC)

  7. Communist Party Leadership

     • The System of multi-party cooperation and political consultation is under the leadership of CPC.

  8. Democratic Centralism

     • The state institutions shall practice the principles of democratic centralism

  9. Fundamental Rights

     • Provides for a large number of rights to the citizens.

Swiss Constitution

• Until now, Switzerland adopted three constitutions, i.e., 1848, 1874 and 1999.

• Salient Features:

  1. Written Constitution

     • It consisted of a Preamble and 196 Articles divided into six titles

  2. Rigid Constitution

     • It contains a special procedure for its amendment

  3. Federal Constitution

     • It consisted of 26 units called cantons

  4. Council Model of Government

     • The features of the Swiss Council Model of Government are as follows
     • The Federal Council has seven members who are elected by the Federal Assembly following each general election to the National Council
     • Direct Democracy
     • The Swiss executive system combines the merits and excludes the defects of both the parliamentary and presidential executive systems