•What is a Constitution in somali ?

•What is a Constitution? 

•The concept of a constitution dates to the city-states of ancient Greece. The philosopher Aristotele 322-384 a.c), in his work  Politics, analyzed over 150 Greek   constitutions. He described a constitution as creating the frame upon which the government and laws of society are built:

•So in lay terms, a constitution can be defined as  a set of legal norms that define the fundamental political principles and establish the structure , procedure, powers and functions of all organs of a state. So every organization needs a constitution to define the powers , rights and duties of the organization’s members.

•Most national  constitutions also guarantee certain rights to the citizens and other human beings present in a  country. 

•Usually, constitutions are codified in a written document. 

•Cont

•Saudi Arabia’s constitutional order consists of its Basic Law (Basic  System of Governance) which is accompanied by four decrees of the same rank, governing  specific state organs. 

•In  Germany,  the  drafters  of  the  Basic  Law  avoided  the  term  “constitution” because they considered the Basic Law as a merely provisional document that was to be superseded or replaced by the constitution of a future united Germany. 

•After reunification, the Basic  Law remained in force and the name was kept (although major amendments were made). 

•Cont

•In  contrast,  Saudi  Arabia’s  avoidance  or escaping of the  term  “constitution” is  based  on  religious  considerations

•While the late King issued  the ‘Basic System of Governance”  per decree in 1992, Saudi  cultural and religious  views disapproved of any reference  to  “constitution” other than the  Quran itself and the practice of the Islamic prophet Muhammad. 

•It should be noted, however, that also in Islamic countries many  drafters of constitutions do not share the religious rreservations or fears about the terminology, as  can be  seen from the use of the term “constitution” in Afghanistan, Iran or Iraq. 

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•A)-Written and unwritten constitutions

•1)-Written constitution:

•A written constitution is one contained within a single document or a series of documents , with or without amendments, defining the basic rules of the state.

•The origin of written constitution lie in the  American War  of independence 1775-1783 and French Revolution 1789.

•More recent written constitutions derive from the grant- or devolution- of legislative power from previously imperial powers to former colonies and dominions , whether secured as a result of peaceful settlement or violent revolution. 

•Classification of constitutions

•When looking for the salient characteristics of the constitution, it is helpful to bear in mind the range of possible classifications which can be applied to any constitution.

•Constitutionalists like Professor KC identified the following classifications:

•A)-Written and unwritten;

•B)-Rigid and flexible;

•C)-Supreme and subordinate;

•D)-Federal and Unitary;

•E)-Separated powers and fused powers; and

•F)-Republican and Monarchical.

•Cont

•Written constitution is one which is found in one or more than one legal documents duly enacted in the form of laws. It is precise, definite and systematic. It is the result of the conscious and deliberate efforts of the people. It is framed by a representative body duly elected by the people at a particular period in history.

•It is always promulgated on a specific date in history. The Constitution of India, for example, is a written constitution. It was framed by a representative Constituent Assembly and was promulgated on a definite date, i.e., 26th January 1950.

•A written constitution is generally rigid and a procedure separate from that of enacting ordinary law is provided for its amendment or revision.

•In other words a distinction between constitutional law and ordinary law is maintained or continued. The first is regarded as superior to the second.

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•Cont

•Modern written constitutions owe their origin to the charters of liberty granted by the kings in Middle Ages.

•But the first written constitution framed by a representative constituent assembly was that of the United States of America. This example was followed by France.

•During the 19th century a number of states framed their constitutions, all of which were written, with the exception of the constitution of England.

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•Cont

•2)-The "Unwritten Constitution" is a constitution not embodied in a single document but based chiefly on custom and precedent as expressed in statutes and judicial decisions

•The constitution of the United Kingdom is the sum of laws and principles that make up the body politic of the United Kingdom.

•It concerns both the relationship between the individual and the state, and the functioning of the legislature, the executive and judiciary.

•Unlike many other nations, the UK has no single constitutional document. This is sometimes expressed by stating that it has an uncodified or "unwritten" constitution.

•Much of the British constitution is embodied in written documents, within statutes, court judgments, works of authority and treaties. 

•An unwritten constitution is one in which most of the principles of the government have never been enacted in the form of laws. It consists of customs, conventions, traditions, and some written laws bearing different dates. It is unsystematic, indefinite and unprecise. Such a constitution is not the result of conscious and deliberate efforts of the people.

•It is generally the result of historical development. It is never made by a representative constituent assembly at a definite stage of history, nor is it promulgated on a particular date.

•The constitution of England is a classical example of an unwritten constitution. It is mainly the result of historical growth. The foundation of the English Constitution was laid in the 13th century by King John, who issued the first charter of British freedom known as the Magna Charta. Since then it has been in the process of making through conventions and usages.

•Cont

•The Constitution of England is typical example of an unwritten constitution. The major part of the constitution relating to the powers of the Monarch, the Cabinet, the Parliament and mutual relations between the various organs of the Government are all the result of Convention.

•Although the major portion of the Constitution of England is based on conventions and traditions yet there are many written laws in it like the Magna Charta 1215, the Petition of Rights 1628, the Bill of Rights 1689, the Habeas Corpus Act 1679, the Acts of Settlement 1701, various Reforms Act of 1832, 1867, 1884, Parliamentary Act of 1911, and the Crown proceedings Act, 1947, etc., etc.

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•B)-Rigid and flexible constitution

•This classification rests primarily on the question whether or not constitutions can be amended with ease.

•The framers of a written constitution, will seek to protect its constitutional provisions from amendment or repeal or cancel.

•That is to say the constitution will stipulate or lay down stringent or strict procedures to be followed  in any attempt to amend the provision of the constitution;

•Entrenchment may take several forms, but its central characteristics is that it either prevents or makes difficult amendment or repeal.