(a) What is constitution? (b) Why do some countries use written constitutions?

Answer Details

(a) Constitution

A constitution is the body of fundamental rules, principles and conventions, whether written or unwritten, according to which a state is governed. It establishes the organs of government, defines and distributes their powers, and states the rights and duties of citizens and the relationship between the government and the governed.

(b) Why some countries use written constitutions

1. Clarity and certainty. The rules of government are set out in one document and can be easily consulted, reducing disputes over what the law is.
2. Protection of rights. Fundamental human rights are clearly stated and entrenched against easy violation.
3. Suitability for federations. A written constitution clearly divides powers between the central and component governments, essential in a federal state.
4. Stability and permanence. A rigid written document is not easily changed at the whim of those in power.
5. Guide to the organs of government. It clearly defines and limits the powers of the legislature, executive and judiciary, preventing abuse.
6. Reference for new states. Newly independent or reconstituted states adopt a written constitution to establish an agreed framework of government.
7. Basis for judicial review. It provides a clear standard against which the courts can test the validity of laws and official acts.