POLITY AND POLITICAL SCIENCE
POLITY AND POLITICAL SCIENCE
Political Science is the study of Various theory about the evolution of state, about the System of Government and governance, how it works and so on. While Polity is the prototype or a model of Government that is the whole political system in practice. In other words polity Indicates the type of Administration and constitutional machinary in force:
Indian polity is a kind of political or Government system which is followed and adopted in India for governing the Nation.
STATE :
A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German Sociologist Max Weber: a "state" is a polity that maintains a monopoly on the legitimate use of violence, although other definitions are not uncommon.
Politically State is consist of 4 Elements
- Territory
- Population
- Organised Government
- Soverignity
Constitutionalism
At its core, constitutionalism is the idea that government should be limited in its powers and that its authority depends on its observation of these limitations. The focus is not just on the creation of a constitution but on ensuring that the government adheres to the principles and rules outlined within it. Constitutionalism is a crucial tenet that aids in the prevention of arbitrary governance and promotes the rule of law.
The philosophy of constitutionalism is rooted in the belief that the power to govern should not be concentrated in one place. This is often accomplished through a system of checks and balances, with the various arms of the government—Legislature, Executive, and Judiciary—each checking the powers of the others to maintain a balance. Such a system ensures that no single entity has the ability to overpower the others, fostering an environment where rights and liberties are protected and upheld.
- The idea of Constitutionalism suggests ways and means to work out a governmental form, which exercises power and ensures, at the same time, individual freedom and liberty.
- Constitutionalismsuggests a way for reconciling the power of the state with individual liberty, by prescribing the principles of organising the State.
- It defines the powers of the main organ of the State, demarcates their responsibilities and regulates their relationship with each other and with the people.
Louis Henkin defines constitutionalism as constituting the following elements:
(1) Government according to the constitution
(2) Separation of power
(3) Sovereignty of the people and democratic government
(4) Constitutional review
(5) Independent judiciary
(6) Limited government subject to a bill of individual rights
(7) Controlling the police
(8) Civilian control of the military
CONSTITUTION AND ITS TYPES
Constitution
The term constitution comes through french from Latin word "constitutio" used for Regulation and Orders Such as Imperial enactment.
"The constitution of a country lays down the basic structure of the political System under which the citizens are governed." constitition is an aggregate of Fundamental principle that constitute the legal basis of polity, organisation and other type of Institutions. It also determines how these organisations and people are to be governed'
“Constitution is the collection of principles according to which the powers of the government, the rights of the governed and the relations between the two are adjusted. -Woolsey
Constitution of a state is that body of rules or laws, written or unwritten which determine the organisation of government, the distribution of powers to the various organs of government and the general principles on which these powers are to be exercised.” -Gilchrist
On the basis of these definitions it can be said that the Constitution is the sum total of the constitutional laws of the state.
TYPES OF CONSTITUTION:
1. Written Constitution: A written constitution means a constitution written in the form of a book or a series of documents combined in the form of a book. It is a consciously framed and enacted constitution. It is formulated and adopted by a constituent assembly or a council or a legislature.
2. Unwritten Constitution: An unwritten constitution is one which is neither drafted nor enacted by a Constituent Assembly and nor even written in the form of a book. It is found in several historical charters, laws and conventions. It is a product of slow and gradual evolution. The government is organised and it functions in accordance with several well settled, but not wholly written rules and conventions. The people know their Constitution. They accept and obey it, but do not possess it in a written form. An unwritten constitution cannot be produced in the form of a book.
3. Flexible Constitution: A Flexible Constitution is one which can be easily amended. Several political scientists advocate the view that a flexible constitution is one in which the constitutional law can be amended in the same way as an ordinary law. Constitutional amendments are passed in the same manner by which an ordinary law is passed.
4. Rigid Constitution: The Rigid Constitution is one which cannot be easily amended. Its method of amendment is difficult. For amending it, the legislature has to pass an amendment bill by a specific, usually big, majority of 2/3rd or 3/4th. For passing or amending an ordinary law, the legislature usually passes the law by a simple majority of its members.
Qualities of a Good Constitution:
- Constitution must be systematically written.
- It should incorporate the constitutional law of the state and enjoy supremacy.
- It should have the ability to develop and change in accordance with the changes in the environment and needs of the people.
- It should be neither unduly rigid nor unduly flexible.
- It must provide for Fundamental Rights and Freedoms of the people.