Select World Constitutions

Email

Whatsapp

Facebook

Pinterest

Twitter

Copy link

Every state has a constitution of its own that must change with the passage of time in order to exist like a living instrument. It should meet the urges and aspirations of a vital and dynamic people. The constitution is a body of written rules supplemented with unwritten usages and practices which determine the organisation and working of the government and define relationship between the rules and the ruled. Hence, the study of the constitutional system of a country in comparison with such a system of other countries has a relevance of its own.

In this book an attempt has been made to cover constitutional systems of some major countries having their place in the syllabi of different universities. However, constitutions of some other countries have also been covered for the benefit of the readers offering this course at the degree and post-graduate levels. All themes and topics have been explained and evaluated with the help of latest material. References to standard works have a better and advanced study of this subject. Care has been taken to present the matter in an interesting and easily intelligible manner.

J.C. Johari has been associated with the teaching of political science for the last forty years or so. Before having the position of Reader and In-charge, Department of Political Science at Shyamlal College, Delhi University, he served as a lecturer in Political Science at the Post-graduate colleges of Agra and Delhi universities. For a year (1971-72), he worked as Deputy Director, Research, at the Institute of Constitutional and Parliamentary Studies, New Delhi. To his credit he has a large number of books and papers published in leading research journals in India and abroad.

Society cannot exist without state and there can be no state without a constitution of its own. Society means peaceful and collective life of the people which requires an authority in some form for keeping it well organised and safe. State is an institution endowed with, what Max Weber says, the 'legitimate power of coercion' that is exercised by its government. Thus, the constitution comes to have a place of its own in the form of written rules and unwritten practices which determine the organisation and working of the political system and define relationship between the rulers and the ruled. What the rule of a 'superman' cannot achieve, is achieved by the 'super-science of law' having its place in the constitution regarded as the 'supreme law of the land'. The words of Aristotle ring true that 'to live under a constitution is not a matter of servitude, it is a matter of salvation'. Hence, society, state, government and constitution are tied to each other with an unbreakable chain.

A comparative study of the constitutions of leading countries of the world shows that they are either of the English model or of the American model or a paculiar hybrid of both. Britain is known for having parliamentary form of government whose replica may be seen in the constitutions of Canada, Germany, Australia, Japan and Bhutan. America has the presidential form of government whose replica may be seen in the constitution of South Africa. France has a peculiar blending of the two whose replica may be seen in the constitution of the Russian Federation. And yet it must be stressed that a constitution may have some distinctive features of its own not available in the constitutions of other countries as we may see in the cases of Switzerland and China. In a comparative study of the constitutions, significant points of variation must also be taken into account. However, this fact remains to be stated that, as Ian Gilmour says 'successful constitutions and institutions are not mere pieces of a machinery. If they work, it is because of the ideas and beliefs of those who try to work them. The constitution must be like a living instrument'.

The constitutions of some major countries have been included in the courses of many universities for graduate and post-graduate classes. I have covered all of them in this book. As the constitutions of some other countries have been included in the courses of some universities, I have also covered them for the benefit of the students offering this course. An attempt has been made to present the matter in a very interesting and easily intelligible form. All topics have been explained and evaluated with the help of latest information. The interpretations are lucid and every care has been taken to avoid confusing expressions. At many places, references to standard works have been made so that the readers may have a better and advanced knowledge of this subject.

I hope that this hand-book will serve the purpose of the readers offering this course at the degree and post-graduate levels or preparing for various competitive examinations. I shall feel obliged to the readers who convey their suggestions or critical comments to me so that I may make necessary changes or improvement in the next edition or print of this book.

Book's Contents and Sample Pages