Types of Constitutions

In each country, for objective reasons, the constitution may differ from the basic laws of another state. The theory of constitutionalism identifies the types of constitutions according to the form of their expression, subjects and order of adoption, as well as the effectiveness of their theses.

Types of constitutions, depending on the form of their expression, are written and unwritten. Written Constitution - NLA, which governs constitutional issues. This type of constitution may consist of several acts that complement each other in content, and which are proclaimed as components of a single whole constitution. For example, the Constitution of the French Republic consists of the Constitution of 1958, the Declaration of 1789 and the preamble of the Constitution of 1946.

An unwritten constitution is a collection of ordinary laws, acts, and customs. A striking example of this kind is the British Constitution. Those sources that make up an unwritten constitution, individually, cannot give an integral model of public and state life in their country. Formally, they are not combined into a single legal act or official code of acts. They do not differ from other legal sources, since they do not have a particular advantage over others.

The types of constitutions for the subjects receiving them are granted (they are also called octroized), as well as popular constitutions. The granted constitution is enacted by the head of state on the basis of an act signed by him. An example of this is the Constitution of the State of Qatar.

Also from a number of granted constitutions can distinguish the code of laws of the Russian Empire in 1906. This Constitution was enacted by decree of the Russian emperor.

Unlike the previous type, a people's constitution can be adopted by a popular referendum or by the country's parliament. There are times when a supreme authority is created under the name of a constituent or constitutional assembly to adopt a constitution .

In the order of adoption of the constitution or the introduction of amendments and amendments to it, the types of constitutions are: flexible and rigid.

Under the concept of a flexible constitution is meant the basic law of the state, which is adopted and amended in the same way as other ordinary state laws.

The procedure for adopting and amending a rigid constitution is more complex. In some countries, this is due to the fact that groups interested in a permanent constitution want to ensure the stability of the constitution in the form in which it exists. And in some countries, such rigidity is explained by the need for sustainable development of society without all kinds of shocks and splits in it.

Thus, there is a certain concept and types of constitutions. You can still add legal and factual types of constitutions, and from the point of view of the effectiveness of laws that have found a place in them, there are also real and fictitious constitutions.

A real constitution can be called if all of its requirements have a place to be in practice. As for the fictitious constitution, its features can be understood by its name.

By the way, today it is very difficult to find at least one state whose constitution would be completely real or completely fictitious. Therefore, in order to assess the constitution, it will be much more efficient to evaluate its individual norms and institutions.

And finally, consider the types of the Constitution of the Russian Federation. First of all, it is popular, as it was adopted as a result of a referendum held in 1993. And besides this, it is, like most constitutions, written. With regard to the amendment, it is possible, but with the exception of several of its chapters, which are prohibited to amend. From this point of view, the basic law of the Russian state is combined.

Source: https://habr.com/ru/post/E12214/


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