Different types of constitutions
There is no doubt that each society has political activity that connects with its social, economic, geographic and political conditions, as well as constitutional studies come at the top of the legal studies due to the subject of the constitutional law connects directly with life and cares of all citizens in the state, rulers or subjects. If the constitutional law cares with the rulers from one corner, but it determines the general aspect of authorities and regime of the governing in the state and draws the limits for specification to each authority and its relations with others.
Whatever point of view, there is no dispute on importance of the constitutional law because it cares with the rulers and subjects and upgrades to the top place. The constitution is a set of the legal rules organize entity of the state and human society that exists among definite geographic space regarding with constitution and legal rules are in permanent and continues movement.
Customary Constitutions And Written Constitutions
It's known that the rules regarding with any political system of any state, it will be two ways, either resulting from customary without writing out any formal texts, in this case it's said there is customary constitution. The second case it may be wrote down in formal document that is made to be known at the all (Dr. Sabri, Said).
So that there two types that are customary constitutions and written constitutions.
The customary is considered the oldest formal resources of the legal rule. It remained the sole source of the constitutional rules in the world till 18th century. It is theoretic and needed source, whereas gives binding force to the legal rule in the performance. (Dr. Abu Steet, A).
English constitution is the clearest example for such type of the constitutional laws because the constitutional laws were formed by the customary in Britain that often represents still constitutional rules. Customary ruels include other written constitutional rules embody in the "the Greatest Era" of year 1215 A.D. "Magna Carta and Bill & Rights" of year 1689, and Parliament Act in 1911. Although such constitutional documents vary in Britain, it is not sufficient for political regime in the state that determined by customary rules in general. (Bashir, M. Ibid, page 42).
The cause may be that England takes the customary constitution, this is referred to nature of the English people itself who intends to develop its rules and laws quietly without violent, as well as constitutional history began in England early. Moreover, the causes that called most of the countries to take with written constituions that were not available in English regime. (Al Sha'r, R.).
The importance of customary rules in the English constitution appears in survey the field that prevailed by it. Because of the English constitution is a set of the systems are often emerged in permanent customaries as long as new necessities made.
If the customary rules took great importance in establishing of the constitutional laws in non written constitutions of the countries. Such rules and laws are emerged as a result of following up a public authority in the definite country relating with habit of the any target of the constitutional law without any contrary of the other authorities till it remains in the minds of the people had to respect such rules, consequently it adds binding feature.
The first written constitutions were English colonies constitutions in the North America after its freedom in 1776, USA Constitution in 1787 that still remains. Since written constitutions appeared, the idea of constitution liberty prevailed to be a tool for freedom whereas it remains with specific right for the citizen. The idea of written constitution transferred from America to France till it made the first written constitution on 3 September 1791, then coveyed into the remaining European countries. After that range of the written constitution expanded in First World War as well as expanded into the Arabian countries.
Consequently, the written constitution acquired political sense because it connects closely with definite matter of the government. According to that written constitutions add on the constitutions rules emphasizing and determining. (Dr. Bashir, M).
Flexible And Rigid Constitutions
Explainers indicated that flexible constitution that is can be amended by the authorities and with procedures may need for the ordinary laws. When there is flexible constitution such England Constitution, this means that there is no any constitution from the form aspect because there is no any conditions vary between the constitution amendments and ordinary legislation amendment, so that establishing authority mixes with legislative authority.
As per the rigid constitution, it can't be amended but by authorities and different procedures than such methods that amend the ordinary laws. Whereas as amendment of the rigid constitution vary here than method of the flexible constitution amendment.
On the second hand, the rigid constitution has firmness feature as a result of the special procedures that are shall be regarded at amendment of its items. As per the flexible constitution doesn't stipulate definite procedure that should be regarded to amend. (Bashir, Al Shafei Mohammed). This doesn't mean that the constitution can't be touched totally and it can't ever amended, but it means making and amendment it.
In short, I can sum that the Standard can be taken for the difference between the flexible and rigid constitutions in as difficulty and complexity in amendment of the rigid constitution, if this difficulty increases, it will be rigid constitution, while this difficulty decreases, it will be half rigid or half flexible.
It may appear along with written constitution practical needs in which written constitutional rules doesn't complicate; in this case constitutional convention appears along with constitutional flexible rules officially. This convention may interpret or complete deficit in the constitution, but some says that the constitutional convention may be amended as constitutional item.
The constitutional convention emerges along with written constitution and it consists with physical and spiritual article, i.e. with following up definite custom then is followed till to be binding matter. Such customs are emerged by political life in the country to exist to the written constitution as complementary or amended rules to some its items.
Accordingly, the constitutional convention is either interpretation or complementary, or amended to some items of the constitution. In the interpretation custom, the customs performs with interpreter for ambiguity of the constitutional text. To raise this role, it's supposed there is ambiguity constitutional text, as well as it shows way of application of the texts and conditions. Among examples of the interpreter custom what is made in accordance with French Constitution 1875.
As per complementary custom, it overcomes interpreter custom role to play affected role along with written text, it represents in establishing new decision. As shown from its name, complementary custom may emerge to handle deficit problem of the written constitutional text because it supposes that the constitution neglects specific matter.
In short that complementary constitution is unlike interpreter custom because it doesn't relay on constitution item, and also it establish new constitutional rule. Among examples is French constitution 1875 provided that election shall be the ballot, and the custom completed this item whereas the election was directly and one degree. (Abu Al Magd, Ahmed Kamal).
As per amended custom, that works to amend the constitutional text, it doesn't limited to its ambiguity as interpreter custom or complete what is required of deficit as complete custom, but it aims at amendment of constitutional text and abrogate it provision and add new provision or cancel the standing text.
Legal Value Of The Constitutional Convention
The jurists vary in determine of the legal value of the constitutional convention. Some of them say that its value may be over the constitutional texts, equals to be established in accordance flexible or rigid constitution. But others say that interpreter constitution convention takes degree of the written constitutional text that is emerged beside it. As types of the other constitutional custom takes degree of ordinary law.
Reference of this difference is that interpreter constitutional convention doesn't establish new constitutional rule other than types. (Hashish, A. H. Dar-al-Nahda Al-'Arabia).
In conclusion, I can confirm that there is no any state can live without law and there is not law without sovereignty. So that sovereignty of the law represents in our belief distinctive standard of the state then others of human communities. Sovereignty of the law is not slogans but it is fact shall be committed and obligated till the people find it before them in their daily life. There is no doubt that constitutional law is the first laws. Emphasizing that protection of the constitution from frivolity is to protect of entity of the state.
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Dr. Al Ghazal, Ismail. 1416 A.H. - 1996 A.D. Constitutions and Political Institutions. Ezz El-Deen Printing and Publishing Establishment. 114.
Dr. Bashir, Al Shafai. 1970. Constitutional Law and Sudanese Political Systems , Part one. Al- Maaref Establishment, Alex. 266
Al-Kabbani, Baker (n.d). Study in Constitutional Law. Dar-al-Nahda Al-'Arabia. Cairo. 310 -315.
Dr. Tharwat Badawi. 1970. Constitutional Law and Development of Constitutional Systems. Dar-al-Nahda Al-'Arabia. Cairo. 123, 130.
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