features of the constitution

INTRODUCTION Constitution of India is the supreme law. He is elected for a fixed period or 4 years and cannot be removed before the expiry or his tenure. 3. Also read: Richest Barristers in Nigeria (2020). Enter your email address to subscribe to this blog and receive notifications of new posts by email. It established two legislative houses at both the federal and regional levels. Same thing with the constitution of the United States of America. A constitutional division of powers has been made between the centre and the federating units. It also state whether opinions of the citizens must be sought through a referendum on certain amendments. Since march 4, 1789, the American congress has adopted total of thirty three amendments in American constitution. Constitution of Nepal 2015 (Nepali: à¤¨à¥à¤ªà¤¾à¤²à¤à¥ à¤¸à¤à¤µà¤¿à¤§à¤¾à¤¨ à¥¨à¥¦à¥à¥¨) is the present governing Constitution of Nepal. It was in fact a model of drafting of â¦ This means that everyone has the right to be heard. Supermacy of the constitution means the supreme law of the land. Salient features of the indian constitution 1. âSalient Features Of Indian Constitutionâ 2. The section called the Preamble is intended to be a page of contents for the Nigerian legislation. Neither the centre nor the states can override it. It has been adequately clothed with conventions, customs, judicial decisions and legislative measures. It should be elastic and also be liberally interpreted to meet the ever changing social, economic and political needs of the country. Thus, they must make sure that simple words are used to express the exact intention of the legislature for creating the law. Kindly watch the video below for a clearer explanation of democracy before we continue. The President is the executive who is elected directly by the people and has nothing to do with the Congress. Answer, Why Lawyers Wear Black and White: See Reasons, 9 Essential Characteristics of the Judiciary, UNIBEN Departmental Cutoff Marks For 2020/2021 Academic Session, How To Retrieve WAEC Photocard: 2020 Reprinting of WAEC GCE Photocard, UNIABUJA Post UTME Form for 2020/2021 Academic Session, UNICAL Post UTME Form 2020/2021: Price and How to Apply, EBSU Post UTME Form for 2020/2021 Academic Session. It is important that the constitution be comprehensive because many people depends on the information contained in it. The Senate shares with the President his powers of making appointments` to the various federal offices and conclusion of treaties and agreements with foreign states. Okay! All of this is meant to protect the people by making the government less able to oppress them. 2. For this reason, it is necessary to consider the customs, traditions and local practices of a group of people before making any law to protect them. It is therefore necessary to have a constitution that protects the rights of citizens in a democratic nation. Initially it consisted of a Preamble and 92 Articles. Though the constitution provides indirect election of the President but in practice his election has become direct. 2. Nor can a person he punished or deprived of his life, liberty or property except for a specific breacâ¦ Where the constitution is not flexible, it will be difficult for it to meet the needs of the citizens in times of emergency. Indeed it was a skeleton constitution since the framers of the constitution left the details to be filled in by the Acts of the Congress. 6. The constitution provides for the presidential type of government in the U.S.A. All powers are vested in the President. The federal judiciary can declare any legislation or executive action null and void if the same is found to be inconsistent with the provisions of the constitution. The Constitution sets limits on what the government can do. The constitution of Nepal is divided into 35 parts, 308 Articles and 9 Schedules. The ambiguity and confusion, which would have been the everyday experience of an association, are minimized with the making of a constitution. Provisions were included in the constitution for the creation of more regionâ¦ Also read: See the best lawyers in Nigeria (2020). Constitution serves as a significant education factor by declaring and propagating political idea and their aims. In light of that, whenever the language used for making the constitution is not clear, it is a punishment to the judiciary which will definitely have to interpret the law and apply it to real life situations. The entire administration of the previous President is streamlined. The features of the American Constitution are as follows- The American Constitution is in a written form, like the other federal countries of the world. The member of his Cabinet are neither members of the Congress nor answerable to it. In drafting the constitution, the legislature must not that the law which they are making is meant for both the educated and illiterate members of the society. He has nothing to do with the Congress. It should be noted however, that the constitution must not also contain unnecessary information or words. In this article, i will comprehensively explain some of the functions and characteristics/features of a good constitution. Every amendment, which can be moved in two different ways, must be ratified by 3/4th of the states. Written, Brief and Enacted Constitution: The Constitution of the Fifth Republic is a written and enacted Constitution like the Constitution of the United States of America. Conclusion: (3) Comprehensiveness: It means that the constitution should be applicable to the whole country or besides the central government, there should be mention of the structure and powers of state or provincial governments. The Republic was not a democracy in the modern sense, however. Features of the Indian Constitution 1. He enjoys a fixed tenure of 4 years and is not a member of the Congress and cannot be removed by the vote of no confidence before the expiry of his term of office. It implies equality or all before supremacy, uniformity and universality. It spells out the kind of government to be adopted whether unitary or federal. center and states, the division of powers between the executive, judiciary and legislature which are the three organs of the state, Supremacy of the Constitution, independent Judiciaryand bicameralism. No matter how just and fair the intentions of the drafter of the constitution may be, if he is not clear, he has failed about 70% of his job. Qualifications for Nigerian citizenship were defined. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. Official religion: Islam is declared the official religion of the state. 10. The rights are not the creation of the constitution but it ensure that such rights are protected. However, It is important to note that what a good constitution is, depends majorly on the customs and traditions of the people it is meant to for. Characteristics of a good constitution: One of the essentials of a democratic government is a good and well drafted constitution. In light of this, I will say that the constitution of the federal republic of Nigeria is a good one for protecting the human rights of its citizens. Fundamental human rights are does rights which are inalienable and immutable and are given to every citizen because he/she is a human being. A good constitution must be flexible to some extent. ADVERTISEMENTS: 3. In Nigeria for instance, the fundamental human rights of every citizen of the federal republic of Nigeria are provided for in chapter 4 of the constitution of Nigeria. However, in practice, federals centre in American has become very powerful due to the application of the doctrine of “Implied Powers” as propounded by the Supreme Court of the U.S.A. American constitution is probably the most rigid constitution in the world. He has nothing to do with the Congress. A constitution can be defined as an instrument of the government made by the people, establishing the structure of a country, regulating the powers and functions of the government, rights and duties of individual and providing remedies for unconstitutional acts. The constitution can do this by stating punishments whether the actions of anyone leads to inequality or injustice. These principles are in the nature of directives to the government to implement them for establishing social and economic democracy in the country. So far the constitution underwent 100 amendments(28 May, 2015). Salient Features of American Constitution The American Constitution enacted at the convention of Philadelphia in 1789. This is the doc of the rule of a state. In the United States, the constitution provides that “no state shall . A law or an executive order repugnant to the constitution can be declared unconstitutional and invalid by; the Supreme Courts. The constitution enumerates the powers of the centre and leaves the residuary powers to be exercised by the federating states. Constitution divides power between the national and state governments in a differ-ent way for each government: It lists the powers of the national governmentâ mostly in Article I, sec. The Bill of Rights protects the rights of the citizens of the United States. Separation of powers is one of the most important political theory that must be present in a political system so as to avoid dictatorship. It states whether simple majority or two-third majority of members of parliament can amend a constitution. See answer, Highest paying law firms in Nigeria: Top 10. This is a flexible constitution. America was originally a federation of 13 States but due to admission of new states, it is now a federation of 50 States. A good constitution make ensure that public officers, government and public institutions in the country, carry out their duties an obligation with the consent of the people whom they represent. According to this system, when a new President takes over the charge of administration, appoints afresh all-important officials of federal government. In the constitution of the federal republic of Nigeria for instance, it is provided that where the president, governor or a senator act illegally, he can be removed from his office if the a considerable number of the people who agrees to that. Some other features of American constitution are: Definition of Traits Theory of Leadership, Traits of Effective Leaders, Interpretation of Law, Definition and Kinds, Literal & Functional, Barter System Definition & Disadvantages of Barter …, Audio Visual Aids in Education, Definition, Types …. The system is associated with the name of President, Andrew Jackson. The executive, legislative, and judicial branches of government receive their power from the constitution and are bound by it. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Their rights will be breached and there will be not authority which they can run to. The Constitution explains the main rules of the political and constitutional organisation of the country. There is an end of Monarchy in Nepal. Any constitution that really want to safeguard the fundamental human rights of its citizens must protect and ensure independence of the judiciary. 7. The U.S. constitution provides for dual citizenship for the people of the United States. In the United States of America for instance, the judiciary is very well protected so as to avoid influence by other arms of the government. The fact that the constitution must be comprehensive means that it must explain its contents clearly and precisely, to the extent that it will be impossible for a reasonable man to ask any question after reading it. It retained the federal structure with the regions having residual powers. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The constitution provides for the presidential type of government in the U.S.A. All powers are vested in the President. On this note, a good constitution must protect the judiciary and make them independent. 2. Any right which is not provided for in that section cannot be regarded as a fundamental human right. Required fields are marked *. There are total of thirty three amendments of American constitution adopted by the American congress since march 4, 1789. The member of his Cabinet are neither members of the Congress nor answerable to it. ADVERTISEMENTS: This article throws light upon the eighteen salient features of the Constitution of China of 1982. Another undisputed feature of a good constitution is clarity. Chapter 1 has general provisions and gives us a general look and summary statements. Another important function of the constitution is the enumeration of the rights of individuals that makes up the association. Below are the characteristics of a good constitution: One of the most important characteristics of a good constitution is its ability to adapt to the changing society. deny to any person within its jurisdiction the equal protection of the laws.”. It is in contrast with the idea of single citizenship as incorporated in the constitution of Pakistan where every citizen irrespective of domicile is the citizen of Pakistan alone. It is truism that the main objective of the constitution is to ensure Equity, Freedom and Justice. Dual Polity:-The Constitution establishes a dual polity consisting of the Union at the Centre and the states at â¦ The constitution provides for the Judicial Review, of the legislative enactment. The U.S.A. is a republic with the President as the elected head of the State. The federal features of the Constitution of India are explained below: 1. The Supreme Court has so interpreted the constitution that it has adapted it to the changing needs of society. But, it also contains many unitary features such as a strong center, All IndiaServices common to the center and the states, emergency provisions that can modify thâ¦ Copyright © 2021 Bscholarly LLC | All Rights Reserved, 9 Essential Characteristics of a Good Constitution. Constitution and Constitutionalism: The distinctive features of the Constitution. Thus, it is a federal system. The Supreme Courts can declare the laws ‘passed by the Congress and executive, action taken by the President ultra-wires if the same are in clash with any provision(s) of the constitution. It guarantees Equity, Freedom and Justice: Your email address will not be published. 8. It also holds that constitution is the supreme law of the land. Only 12 of the 13 original states actually took part in writing the US Constitution. Though the constitution provides indirect election of the President but in practice his election has become direct. 1. Indian constitution The constitution of India is the supreme law of India. Aliens are given the opportunity of applying for citizenship of a country through laid down procedure. He does not participate in debates, nor can he dissolve the Congress. The President is not politically responsible to the Congress. 4. Protects the fundamental human rights of citizens: 9. For example, it specifies that national government has the power to declare war, raise and support armies, coin money, operate post of-fices, etc. With the aid of its constitution, India is governed by a parliamentary system of government with the executive directly accountable to the legislature. It sets forth the aspirations of the people which it governs, structures the government, the rights and obligations of government on the one hand, and the rights and duties of the individual on the other hand and the provision of remedies for someone performs an unconstitutional action. Constitutionalism. It has the main rule that the Constitution shall remain the most powerful authority for people and government. It should contain only important things and unimportant things should be left out. The Indian constitution is one of the bulkiest constitution of the world, comprising of 395 articles,22 parts and 12 schedules. A constitution ensures the smooth functioning of government; it spells out clear details what should be done and what ought not to be done. Constitution of India: 26 Salient Features of the Constitution of India (1) Written and Detailed Constitution:. This includes financial independence. The federal prime minister and regional premiers had executive powers conferred on them. The original draft of the â¦ 3. Another important quality of a good constitution is that it must be comprehensive. Quran and Sunna are the supreme law. Where this right is breached, the constitution will treat any decision taken as a result of the breach as a nullity. It is a brief document consisting of only 7 Articles and 27 Amendments. Save my name, email, and website in this browser for the next time I comment. Section1: This part has general stipulations and gives us a general feel and summary of what the constitution is all about. No one can be detained or imprisoned without a fair and proper trial by a competent court of law. The following is a list of the similar basic features that are found in state constitutions: Bill of Rights â All states, within their state constitutions, have a list of personal freedoms and rights, such as religion, speech, assembling together peaceably, the press, and perhaps the right to bear arms, â¦ 3. The system is known as “Spoil System- because important jobs are, distributed among, the henchmen of the President or his Party without taking into accountability; .experiences or talent of the men appointed. It can be amended by a very lengthy and difficult process. The governor-general was made the ceremonial head of state. It consist on seven articles which are not more than seven thousand words and now is with twenty six amendment. Some of the characteristics mentioned here may not be practicable in some political system. Above are the important characteristics of a good constitution. Not only is it necessary for the constitution to protect the rights of its citizens; it should also regulate the activities of government officials and avoid dictatorship. The Constitution is a wholly written document which incorporates the... (2) Self-made and Enacted Constitution:. The organization of the federal judiciary is determined by the Congress and the judges of the Supreme Court are appointed by the President with the consent of the Senate. Merits, Demerits & Features of Macpherson Constitution of 1951, Can i Combine WAEC and NECO Result for Admission? In the case of injustice, section 36 of the constitution of the federal republic of Nigeria provides that everyone has the right to fair hearing. In the case of Nigerian constitution, the fundamental objectives and directive principles of state policy emphasizes the goal of the government. This means that citizens of the United States must be equally protected by the law. The basic features of the 1999 constitution: 1) The Preamble is intended to be a page of contents for the Nigerian legislation. The powers of one organ were so devised as to exercise a check upon the powers of others. Interesting Constitutional Facts . This doctrine emphasizes the supremacy of the law and not of any individual. The framers of the Constitution, many reluctantly, accepted slavery. It also provides for the procedure to the adoption in the formation of political party and the conducts of parties in the pursuit of election into the arm of government. 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Highest paying law firms in Nigeria ( 2020 ) he/she is a brief document consisting of seven Articles and seven! Is also a Developer with knowledge in HTML, CSS, JS, PHP React! Made between the centre nor the states can override it check upon the powers of others ways, must sought... 2015, regarding the Interim constitution of many countries of the amendment procedure, sometimes it takes years an. Of 1982 them for establishing social and economic democracy in the modern sense, however of federal.! Feel and summary statements reverse itself regards rape in their country building Web and Mobile Apps that will make research. India: 26 salient features of the breach as a nullity importance constitution. That allocates and distributes powers and authorities to the legislature to ensure Justice factor... Almighty Allah is Absolute Sovereign power of Islamic Republic of Pakistan, 1973: 1 devised as to avoid.. The rights of the constitution can be declared unconstitutional features of the constitution invalid by ; the supreme law of the complicated of! The information contained in it US constitution, when a new President takes over the charge of,! Meet certain developments in the national elections until 1920 ( Nineteenth amendment ) the official religion of the government be. 2 ) Self-made and Enacted constitution: basic features of the citizens obligations to the units made! It can be detained or imprisoned without a fair and proper trial by a very lengthy difficult! And also be liberally interpreted to meet the needs of the President as the and... Denied the right to vote in the constitution of Nepal is divided into 35 parts, 308 Articles 27...