F*

UI{IT- I
fr,.Ieaning, hlature and Scope of Comparative Politics

1.1.L. Inkoduction
Comparative politics has been emerged as a sub discipline of political science. It is the
result of the quest to study political reality by means of new techniques and approaches
in a way so that the entire area of politics may be covered. Aristotle, the {at}rer of
political science made a through study of number of constitutions prevailed at that time
to shape his philosophy. The shrdy of tlese constitutions and govemments on a
comparative basis traditionally focused attentiors mainly on formal political
institutions. The emergence of ' comparative politics furnished a wider focus by
anaiyzing the formal governmental politics and the vast non-governmental process. Tfus
subjeci has appeared as extremely useful on account of the vital reason that it provides a
great deal of experimentation of new approaches, new definitions anii new research
tools for understanding *re working of modern political systems.
The study of cornparative politics serves in two important ways. First it offers a
perspective of our own insfitutions. Exarnining politics in other societies permits us to
see a wider range of political alternatives. Thus it illurninates the virtues, the
shortconings, and the possibilibies in our own political life. Second, comparative
analysis helps to develop explanations and to test theories in &e liglrt of the ways in
which political processes actuaJly work. It enhances our ability to describe and
understand the politics of any countrl-ircluding our own- by offerir-rg concepts and
reference points from a broader perspective. It encourages and enables us, more over, to
test our political theories by con{rontirg them with the experience of many institutions
and settings.
1.1.2 Evolution of Compalative Politics
The history of comparative poiitic.s goes back to the study of traditional political science
beginning from Plato and Aristotle. The traditional method remailed in operation for a
verv long period of hunan listory. It sorrght to examile the past events tluough
available evidences and d;'ew tent.rtjve corr{-.1usicJ1ls The h.aditional political scientists
devised historical, philcsophical, legal, institutional and descriptive approaches to
evaluate poli Lical phenonrerru.
Political thinkers from Piato to l-Iobbcs contributed much to the study of political theory.
They contributed not only the science of state and goverrunent but also the concepts like
liberlv, equality, property rights, justice etc. With these concepts they idealized the state.
The essentials of political reality were cornpared from the institutional and
governmental angle. Aristotle developed the qualitafive and quantitative methods, and
probed into the vices and virtues of governments. He ma'de a compar.ative study of 158
coristitutions prevai.led at that tirne and analyzed a constitutional cycle.
Ihe of modern period constituted written constitutions and technical
emergence
separation of govelrmental organs into legislahrre, executive and iudiciary,
N4ontesquieu made a detailed study o{ tl-re dangers of accumulating governmental
power in single centers and advocated separation of powers. His emphasis on liberty,
ancl separation of powers were successfully applied in the constitution of U.S.A and
subsequently by a number of other states. Later the comparative study of these
governmental organs enriched the growth of comparative politics.
The clevelopment of parliarnentary and presidential forms of government, federal and
unitary, democratic and non-democratic governments etc widened the scope of
comparative politics. However, emphasis was limited to the goverrualental organs and
its stuJies.
The study of comparative politics became highly significant in the 1950's when a
number of American political scientists ran stormed it from the study of foreign
governments to comparative political phenomena and from the study of the
governments to the study of the political systems. It is distinct from the kaditional
method as it has no faith in valued and guesses. Rather it depended on sound theories
and scientific conclusions. The legal institutional and philosophical approach n'as
almost given up and instead the sociological, cultural and anthropological approach n'as
adoptcd.
In the latest phasq of cornparative politics. political scientists turned from a concern fot
the evaluation of governmental forms of a pure description based on analytical and
empirical investigation. 14&en they used the term 'political system' instead of
govemment, naturally it becomes a part of the entire social system. Thus the role of
poliucal parties and pressure groups, for example, becomes as signi{icant as t}re role of
legislatures and executives in the study of modern poiitical systems. Sociologists like
Robert K Merton and Talcott Parsons analysed social classes, social stuuctures, process of
social section and enculturisation and the role played by the individuals as actors in
political systems. Similarly the concepts of bargaining input-output and equilibrium
analysis nere borrowed from Economics, the significance of culture and ethics were
borrowed from anthropology and the ideas of personality in politics like individual
charisma and group behaviors Irom psychology. A11 these contributed new topics like
political development, political modernization, political socialization, political culture,
political change,.political leadership etc.
The latest trend in the study of comparative politics also includes the study of more and
more countries of the wo d, particularly of the Afro- Asian and Latin-American regions
better known as the worid of developing areas. In the pas! the political scientists
ignored the non western world. The non western world are or crucial significalce in the
study of comparing them with the western and other systems. The rate of political
socialization and political communication are low in.these states when compared with
cleveloped states. The percentage of people assurning political roles is increasing every
vear in these states. The economic disparities between the haves and have nots are very
high. There is a great communication gap betn een the rulets and the ruled. The plarned
economic clevelopment and social restructuring constitute very imPortant areas of
comparison in the developing areas.
1.1.3 Nature and Scope of Comparative Politics
M.G. Smlth considered comparative politics as "the study of the forms of political
organizations, their properties, correlations, variations and modes of change". The
T
is therefore prirnariiy concerned
with the study of
student oI compaiative PoIiUca identify sirnilarities
oolitical organizatioo, '*" *ttole' in orcler to
ot ttt" poiiti.c.a1iytt"t* "i p""o51l
" systems in diJferent parts
of the
,nu, .nn"tt]iilr'tl-
and dissimilaritie, and behavioral norms A comparative
l"t -uli"ti'
potiutul systems of the developed for
world. are diJ{erent and
tn" "' "tr#i'^oJ"";;"ttur'e
uo'ioo' of
stuJl regarclng leatures-lt provicles abundant data
,tevelopins states brings c,'t't'l#'itir"t"ni
il:#ff;"#;;::h':'lti,'"#;i;:::*'ruX5ff ffii:,,flIfX,ffil"T;of
of struchrral' Iunchon'1
extent the working
toot' fot understanding
interest aggregation etc All
#"fiil;ili
dilf erent Pottical systems'
rnthelierdof comparative{ljx;'Jrl""f :I;ff xH;xTr,fl:"";i#:; j:}:il:[":i
activity, political P"::': "".u-::;il.#I;':;;;;J ,i.,"u u." resolved in a wav
and trow
ror power'
prav their part iri the struggre
*:,:il*'J:J#JliL"li;;;pj;;;h"
ii","J,io"*.r.*'::'-':$ii"i:*lki*:U:f::#Lt'Jli':.q:+:{+:
rhus arise
;' n'ri rrr."t]re men in power
::iJ:l':::[:T1,Til"TU,'#;:;;J
tf''u" 1"ud' to efforts in this regard
constitutes
conflicts that demand 'uluthas to
'JfJoLt*unJ tn^t lhese conJlicts by whatever
nolitical a.tiviry lt is U:re
'I""t#t^t o-"'.* 'solve
i-,-,"un, u'" at its disposar'.thi";ilil;";;; till?*;'J"%':fr:'iff";:::'t5
*i*x:i**;1'",1J:':::"#,rt'""t"lilii:f#i,:':il..*;;;tiir'ru;'r'n'l
lt forms the political activitv of
a state'
iii:;",.;;;;;;;..%J"io' Here the role of all those
of the sense of politic2l 26tivihr'
Political process is an extension The siudy of
who ft*t tn"U in the decision mukitg p'ocess'
asencies figures' "f" These non-state
u'-^to-itrtt'ae even non-stdle asencies' promoting their
.,ilitics thus tra:rscends 'o ,x"protecf,ne and
of
lssociations influence *" *.""."*"", io. tr,"
:;:ft j*u"ntru::';:H;iilliL"Y""'n*:
";i"i;*'::r::ih:ik;
tf:.';"Tl"*lTlnt:i:li. il";r?"ui" ," the whore communitv
includes ol political power' Th'e
the scope of comparative politics 'subiect
iJffi
'r;"-"i
Finaltv,
il; y..."j
-the
j,{1::T:XfJry!:f
lt.li
rut.t I as the capatlty ol 11,.,o,
;i-;::1ru:,1 :ii11;i
defrned
of decision - making Finer
in the matter
19111

::",*":i:,H:'i1i',1J:fi ::iJi:..f i1i:.::,":y,l:f :*"J:J'-Xfi ;X'JtH":?"il

oI corlrPdrauvL
the scope
Power has rvidened """--- 1; suclied properly without
political systems Politics cannot'"rnrnent
il1Jrastructure of the elites, and measuflng
8"11;;;;d#
,a*tiv].g u," ruling ilass' as the governing "::"" .*;; ;f powers Thi
;"', ;G:.;;" roresl rrre.subvect,"j
,;ffi H;iTi,L* ;r r."
"-! the
.tll
e,or

:::T:"L:,i"il:;:*,THlJI^;"'i:Hi
title of legitimacy
*: t*{:r :1 :il::ifiJT:1,il.x,i"
teteb'ut"d prmcipte of comparative politics'
tends to be shong and vlce-
as

'*n"*"-o*"*"t'i
t"lrt""ttl i' *"'n'
.bserveJ by Finer' 'U" :J*tl:'t
'ersa.
nte studv or '"*0""';;':;;;"f i' " '"a.y 31,i:H;ii::1J,"["J-'":tilX-'l'
::::Iffi ['*T:'J;t;,:il;l"'#u'l':Jil'Jl]"::#I"'""*',i'inddemands
 The study of politics is concerned with the description and arLalysis of the manner in
which power is obtained, exercised and controlled, the purpose for which it is used, the
manner in which decisions are made, the factors which influence the making of those
decisions, and the context in which those decisions take place.
1.1.4 Comparative Politics and Comparative Government
Although the two terms, compatative politics and comparative government are used
loosely and interchangeabl, there is a point of difference between the two. Comparative
politics is a past development of the study of comparative goverrunent. The subject
matter of comparative government was limited to the study of rule making, rule
executing and ru.le adjudicating deparhnents or even with the study of some exka
constihrtional agencies like poiitical parties and pressure groups" whereas "Comparative
politics is concerned with signi{icant regularities, similarities and dilferences in the
working of politlcal institutions and in political behaviour", it studies not only state
politics but also non state politics. It studies the areas of comparative government plus
those subjects hitherto considered as falling within the range of econonrics, sociology,
psychology and anthropology.
The meaning and nature of comparative politics as distiaguished from that of
comparative goverrunent is well brought out by Curtis thus: "comparative politics is
concerned with significant regularities, similarities and dilferences in the working of
political institutions and in political behaviour. Meaningful analysis requires
explanatory hypotheses, the testing of sentiments, categories and classification by the
collection of empirical data, observatiory experimentation if at all possible, and the use
of research techniques such as samplin& and commuricafions data to increase
knowledge". Freeman distinguished the two thus: "By comparative government I mean
the comparative study of political institutions of forms of government and under the
name of comparative poiitics, I .,./ish to point out and bring together many analogies
which are to be seen between the political institutions of times and counties most remote
j ,t,,frb
one another..."
1.1.5 Evaluation
The subyect of comparative politics virtually constitutes a study in the direction of the
expanding horizon o{ political science. The inter-disciplinaiy dpproach uplifted the
image of the study of comparative politics. The accent on political process, decision
making, power sharing is done cornparatively in both the developed and the developing
worlds. The study of interest and pressure groups, political socialization, political
communication and political development oI thd various systerns enlarged the scope of
the subject. Intellectually, the normative and value free theories are supplemented to its
growth. At the same time serious difficulties are uncounted in collecting inJormation
and data especially with regard to non-westem poiitical systems. False information
leads to wrong conclusions and delective comparisons. However as a social science, the
scientific contributions of comparative politic6 are invaluabie.
 UNIT.II
Socio-Political and Econorvric Feafures of Developing and
Developed Countries
2.1.1. Introduction
The term third world is culrent in the vocabulary of Social Science and refers to the post
colonial societies spread across Africa, Asia and Latin America. The origin of Third
World and its dpramics attracted attention only after Second World War. Franz Fanon
an Algerian Scholar used the term. third world in his book Wretcheil of Earth in 1961.
Althorrgh the term Third World is very current other terms are interchangeably used,
Developing Countries, Undeveloped countries, under developed countries non
inclushial countries, peripheral counlries post colonial societies, newly independent
states, southern countries etc. The most rrsed term is Thild world.

Post colonial states are young states with political independence coming recent level but
these states are havilg rich cultural and historical heritage. In other words they are
traditional ard o1d societies.and-posse-ss-i+deep-rlatio*-trad. These national sentiments
are products of freedom movements are considered with anti colonial protesL

lr4uch r:f the under development of the third world can be traced from the history of
under development of colonial period. 'Ihe colonial masters did not improve the socio-
economic life of the native population. Transportation and com:nunication were
expanded only to facilitate trade ald coflunerce of the colonia] power in the form of
exports ald imports. This kind of development led to regional variation in development.
2.1.2. Major Features
Major features of developing countries are the following.
1. Agrarian Societies.
Basicalll, developing countries are agrarian societies baring few isolated cases.
Agriculture has become the major occupation of the people and agricultural
development is not linked to industrial development or to an agfo-induskial one. Tools
used in Agriculture are traditional and crop patterns and cultivationq process are
unscientiflc. Income from Agriculture does not make the counky self sufficient. Land
reform has not been completed in post colonial societies. This has resulted in the
continuation of feuda.lism, joint family system and patliarchy .and gender
discrimination.
2. Traditionalism
Religion and traditional features continue to i luence t&e psyehe of the people in
developing world. The deficiency of material goods and gther short comings influence
the people to think more in traditional forms and less on national terms. Religion gets a
top priority both in society and polity. Hence public policies are reduced and priorities
given to religious issues. Political economy is sidelined for the benefit of traditional
benefits and practices.
3. Politicallmmaturity

f,.
 Post colonia_l societies did not derive
every kind of political maturity or possess
administrative experience prior. to indepen;;";t"";.r"ibilities
were restricted during the colonial of serf government
period rruving r"; e*ieptions in some
kind of bureaucracy developed during the countries. This
se* serving and anti-peopte
"r;;;i;;;;",
4. Challenges to nation building process
The nation's state formation, d:" h an incomplete stage. Self identities based on
T dominate
ethnicity and primordial loyalties
,i"-Uri"i world resulting in contesteJ
fragmentation. This has taken place even "*,
utt"i"i"ifaependence.
Defining nationalism itserf is a problem"ft",
for most of developing counkies. Actualrv
rndependent shuggte offered a good ptadorrn
f".;";;.;,i;;
firid"it turd the ";;;_;;ilJ
imperialism but the post indepenlent dieveropments
sustained reynnn nf
a composite nationalism. Hence nation_building
pro""r, ;;6X;;;.:;p";; -
,;;::
5. Over Population
Over population is felt very,high in
_developing counkies and population planning
studies have shown rhat undei developm"r,',,
inlluencing over population. Usually ,riai*ioin.;.;;G;d ilJiteracy are the factors
mn"Jr,ce of joint farrrily system has
given a kind of popurar conviction that big
rr*iu"r for economic growth and
"." "-ited
This has an impact on co.itinued g"r,ae,
ffiifl.rr:.#t?; _"qratry u"d po"u.t;th;;

ti. Inefficient Bureaucracy

Most often civilian potiticat.instituticn phases
formidabie charlenge in Third worrd.
Bureaucracy is often controllua uy a po'*"rrot
leaderEhip. Dernocracy has a checked history
;;; .;;;", undemocratic politicaJ
in d"_..r",i. *"Aa.
7. Frequent military intervention
The inability of political elite. to manage
the goverrLrnent resulted in the rise of military
dictatorship. The continued instab,ity at.h""p.iiiJ;;
people win be compelled to opt for i"u
institutionai *.1
ity LJ t and"*i-"-."
development.
Fearing monarchy and rawressness ttre putrc "*riri"i ""ao-
*i, u" t"r,pt"a to approve m,itarv
** * turn a_lign with religion and bureu".*.y fo, -rir,Oining their vestei
f;,l1;.*",
other important and basic features of thhd worrd
countries are poverty, ,literacy
corrtrnued under development, chilcl labour,
increisi-rrg1.r ,ut", ethnic identities,
caste and religiohs feelings, unemptoyment, "
rural urban divide etc.
2.2.1 Globalization and f)eveloping
Countries
Historicafl;' the roots oI globalizations started
since the period of coronial expansion in
pqwers with their scienffic,lnietectual
ule :::tr.- !u'oo":"
,T:.1tJl search and-
know-how entered
enquiry forthe unknown parts of the world.
_uuo
rvrth economic and commercial interest. ,Ihe This q"*, _", i;.k"i
Afro-Asian and futir, a-".i.ur,
consisted of large raw-materials and
sufficient availaiility Ji
ffi^!
powers exproited this situation by exporting labour. The coloniar
unfinished 'ra*-materia,s
"r,uup
to their markets
and factodes as v,/ell as by import of finisheel goods to the colonies for market. This
process declined the economy of Third lVorid.

Although the European domination in international politics declined alter the world
was II new forms of imperialisrn began with the growth of United States as the Super
Power. During the peak of world wars the Third World nations were sandwiched
between capitalist power led by US and Communist powers 1ed by USSR.
With the collapse of USSR the capitalist states brought a new agenda of liberalization.
The planning of globalization spread across the worid. The 1990s witnessed fiscal crisis,
deficit of foreign currency for international moneta.ry exchange etc. in Third World
countries. Many developing nations in Latin America, South Asia and South East Asia
were compelled to join the process o{ globalization. Francis Fukuyana wrote the popular
work "The End of History and Last Man" (1992) and argued that socialism has failed
miserably with the set back of comrnunism and it marked the end of a major phase of
human history. Liberalism and globalization policies are the only option available to the
third worid and success of western world is evidenced for it.
Globalization has marginalized the developing world but not completely. Some parts of
the developing world have showa considerable progress by developing industries with
the support of Western bloc. Software and hardware development also promises for
future.
But on the other side this process of polarized the domestic environment in every
developing counby e,g,: technological division, between technically educated and non
educated betlveen computer literate and illiterate. The worst side of globalization is that
the policies reduced the welfare network for e.g. Subsidies in food, educatioru healttu
social security etc are fiercely reduced in giobalize context.
I{ence the chaiienge is to achieve economic growth as well as reducing the ievels of
poverty. This is not an easy task considering the role of the Third World states as a
protector, facilitator and a provider.
2.3.1 Developed World: Socio-Economic and Political Features
Compared to the prirnitive and haditional political systems of thg non-west, the Western
poiitical systems are modern and developed. This is understood from the political
systems of USA, Canada, Britain, l-rance, Germany, Italy, Switzerland etc. They are
having different socio-econon-Lic set up and possessing diJferent forms of government.
But at the same time they have some courrnon features and characteristics which
distinguish therr from the non-Western Couatries.' Most important among them are the
following:-
(1) Social mobility due to educational improvement and social cohesion due to
homogeneity of culture.
(2) FIiptr r:ate of l-lrbanization.
.
(3) Economic development tluough inrlustrialization and financial aids.
(4) Specialized political infrastructule consisting of associational interest groups,
political parties and media of communication.
(5) Increased political participation and developed communication system.
 (6) A secularized political culture and an awareness of tlre role of government in
changing human conditions.
(7) Structuraldilferentiationsandfunctionalspecialization.
(8) Functional autonomy for the structures.
(9) Democracy or Authoritarian totalitarianisms state building force.
(10) Constitutional governmen! rule oflaw and political stability.
2,3,2 Conclusion
Comparative Politics now focuses on an overall sfudy of both the developing and
developed political systems of the world. The developing cbuntries, constituting the
'fhird World, are faced with many problems and challenges in their processes of nation-
building, social change, economic development and political development. The so
called Western states have successfully crosses many of such di{ficulties and have
attained marked socio-economic and political development. Of course, among the non-
Western countries, few have succeeded in the race for development ald others are either
on the starting point or on the way to that. No doubt the attitude of the advanced
countries towards the underdeveloped and developing counkies is going to play a vital
part in the emerging politics of the world. Certainly, the advanced countries of the West
can not neglected or ignore the consolidated power and interest of the Third World.

UNIT-III
Constifu tion and Constitutionalism
3.1.1 Introduction
The study of political constitutionalism occupies a significant place in the sphere of
comparative politics in view of the fa,:t that it is constitution that as Dicey said, directly
or indirectly affects the exercise of the sovereign power of the state. In order to have a
proper understanding of the te6fn 'constitutionalism' we must fist understand the
meaning of the terms like 'constitution' and 'constitutional government'. A constitution
may be said to be a collectidn of principles according to which the powers of the
government, the rights of the govemed, and the relations between the two are adjusted-
The constitution is used to describe the whole system of a govemrnent of a country, the
collection of rules which establish ald regulate or govern the government. These rules
rnay pardy legal, in the sense, that the courts of law will ru"ognL" and appiy them, and
partlv nonJegal or extra-legal, taking the form of usages, understandings, customs, or
conventions which courts do not recognize as law but which are not less effective in
regulating the goverrunent than the rules of 1aw strictly calle{. In most counbies of the
world the system of government is composed of this mixture of legal and non-1ega1 rules
and it is possible to speak of this collection of r,:les as the 'constitutionl. A constitution
imposes restr.lints upon the governmen-t and this reskaint.is legally enforceable. It is
through a constitution that the powsr of the government gets legitirnised. A constitution
functions as a national symbol and is the embodiment of national unity and gIory.
 lHffi':X"ri: LT,?.T"Pdent
counEv is heralded bv a
constitution, which is
proclaiming the sovereign
counrry. fherefor", , existence of the

..:'*r;T."il;ffi ;I.J"iTHilli"Tl%il:d*iij:lJ*.""ffi,.,,*ni:t.t
"or,.onlX1T1^thus

Whereas constitution refers to a frame

.the of political socrety
means of law in which taw tr. ;;,:;'r":'l:'at societ organised through
and by
3::Tt,;sil;.,;i::1:l,T[.,HT1{;.ryi:.T*i.TLf ,,H:::#
i:+:ll"j.: T." lg.lf of thegv€ined a.a ,L"i"r"o.;t
i1::*"'*io#-n:J",,#;o*o*Jg."",.**ffi ;::XT,*,,ff ililt*::1
.mi"rixflH"..."::,:yliil:ii"Fkffi {,;:*H"*tH{l{t"',ffi
: .1.:{. y!:1arcb wrrrun :Tl,".;.lia11'r3,1#":::1"'l1l;
::gl#*";;;:i3;1:::;:,",^,1":,"r";#*,ffi a untverse of positiyg
djqry 1egfains. It
system to another. &t.h_" "f@ffiy vary from one Dotiri.al
3.1.2 Constitutionalism
Constitutionalism is a modern
concept that desires a political
and regulations lt stands for "rrrJrii, order governed by laws
,rr. r"pr[-r./
the principles of nationalism, "]ir"*
dcmocracy;;;-iril;
o, *" *dividuals; it imbibes
thus, staads for the existence gorur*"nt. Cor:stitutiona.lism.
of o .o*itrtion;; ,;fi
suvernment, or rle tundamen"l r"*
,'" "i*;i*;,il# ;;j:ff :I ;:,H,iH:H:l:..j
3i::1":: *t1"J"TH,1t,1 c"1u"t": Consrirurion'ei[^;i,h;
and
,ri"* a"ijJo"* ;.""ji iiifl.*". has been
soverned
defLed * r;; to;;t;,
derine th'e

centraranddistinctiveil:':?*.""ffi[J.t""rdTT:."1.,1.":U::lm:rti ";
1.rucn f sharplydilferent from
-- an ;;;ffi;;rl.,
dictatorship i .n itr* ,."tr. Constitutonalism system such a totalitarian
o.^o;.;;# .l**L'Ill'-uruuonal
o.i"r, **'.h j;tgime refers to that category of poritica.l
J. e.,"iri.'r-, j;rir"ir";
saleguard certain objectives.
objectives as follows: Carl.

l.:;5.:,:::,:i*;"xH:*:*"i:?XTj;the poriticar communitv against

interrerence
2. Rights or freedom of religion and other
rights.
3. Rule of law is the basis of constitutionalism.
of potirical power both funcrionaUv
l^- 3T:1."r. and
::i*l::*
o r po,i ers i* ti i,tonuu,
J il;;ft1,#lL "f#fl?;,Jlli.. ft. :
Both of them namelv, the ,rloctrine ":f
of separation of powers, ancl
resrrd.nts on the poritica'r federalism operate as
r".,i* *.rir, I#tiqiuo.,utir,. implies ieshairts
aurhority.
:;":iil:Hl*;ilf .:rJ;*':l-;;;;;;;;#::;T,deadirreren,y,topreveni
In the words of Carl FreidriclU ,,Constitutionalism .bo
according to,rules
l. is
.r .r-." g"-",, *ru"i _r"*
",*il"J'r"1"##SHB:k#;
and other political action, and tl're theory expianatory and iustificatory - of this practice".
As already emphasised, restraint and constraint on the political autiority (which means
the governrnent) are the hearts of constitutionalism. The government enjoys only such
powers as are granted to it under a constitution and thus constitutionaiism postulates a
lirnited government. Secondly, the government must owe accountability to an entity
ciistinct from itself. Thirdly, it must have a iimited tenure, being elected on a wide
franchise. Fourthly, the citizens are endowed with the fundamental rights enlorceable by
judiciary, and one of such rights includes one to organise political parties. Fiaallv one
should not be compelled to say that a country enshrines constitutionalism where such
conditions are infact lacking.
3.1.3 Emerpiing Trends

L Constitutionalism in Europe has sought to fulfill the goals of what has been called the
'negative revolutions' in France, Italy and Genrrany. The constitutions of the Fourth
Repubiic (Flance) of Italy and of the Federal Republic of Germany seek to revive the
tlieory and practice of government in each of these countries prior to the coming in to
power of Deiain -Laval. Group in France, of Mussolini in ltaly and of Hitler in Germany.
The constitutions of France, Germany and Italy are permeated by certain cotunon
features which, taken together, constitr.rte the political theory o{ West European
constitutionalism. Cari. Friedrich enumerates the following four features of this
constitutionalism.
1. Re-afiirmation of human rights.
2. Efforts to restrict these rights in such a way to make them unavailable to the
enemies of constitutional democracy.

3. Stress upon social goals and theil implementation through socialisation.

4. ts to circumscribe these goals and their implementation in such a way as to
Efl'oi
prevent the re-establislrment of totalitariar methods and dictatorship'
These four features aremost pronouncedly narked in the constitution of Germany and
least discernible in that of Franee while the constitution of Italy stands somewhere
between these lwo extremes.
2. The constitutionalism as adopted in the Soviet Union and other countries urtder the
communist regimes bears a purely formal character. Each of the countries has a written
constitution includilg even an extended chapter devoted to Fundamental Rights but
does not }iave any enforcement machinery or mechanism of implementation

3. Ihe counkies of Asia and Africa have also adopted constitutions after their
attainment oI independence from the colonial powers. The expelience oi constitutional
got irr tiurope has ilfluenced considerably the constitution ma)<ing in these countries ln
Asia anrl A-frica and in the Caribbearu the former colonies of Britain, such as India,
Nigeria, Zambia etc; have been rnore successful in operating a constitutional got than the
forlner colonies of continental European powers.
Taking about constitutionalism in the 'emergent nations' (that is, the counhies of the
third wortd), Carl Friedrich takes the view that a wide gap generally exists between tle
consbitutional provisions and empirical reality, the criterion of protection of the 1
,

can see that the rneaning of constitutionarism

rt should bc trr:ated as a dyramic should not be given a rigid or fixed form,
..' tfrri .iJ"gls with the
conditions, new challenges, new .^ff"i.
problems
emergence of new
ana to r_r"* ir"r"".
3.2.1 Salient l-eatures of U.S.
Constitution
The united states is one of the
greatest democracies
-oi of the.u/orld. A study of the history
of the constitution of the. un"itea states
constitution has been mouldec{ Uy
a*"i"" ,n"*, how the form of thl
tire e*igencies of O,rn" fa *u,
thirtecn coronies which red to the peculiar set_up of the
tll
*r.'tri?- rH".rn"". on september 17,-17gr a
brief docunrent embodying the
constitrio, "iL"
J;;;;;"r"."-ent
-*"r1udied
was signcd uuanimousrv by the of the united States-
states p."r"ni i
srares as agreed upon in rh; phiradcrpr,i, by conventions in nine
The constitution rn original consistea
;;;;;;;;;;r,o on 4u, March. .r789.
of o.rfy Z "rfor."d
only proviclecl o.ry a skeir:to..or the
systerir. ".ti.i"r'.o"
il;-,h";;;'"ili;::T:T*#"r#1i"1,
iilT[ff'::;iiili,'["r':,t'""g .r'";"i''-g^'iuil', ou",v deta,s or its working
rerarivery:.i-pr",""a.'"i"j:,X$:l.,rTTH?f
requirements of the present clay iJr;:.;J[::1&t_TXy*r*
Uruted Sta"tes
3.2.2 General Featut.es

The constitution of the United

States of America was
,',"JJ;"i?i *;j*;
consritution i., u'e *,.Lia.
if: llua u'",, 'utrJi"J;, #"i,1?.ff1 ::rff":T*flX,':?
ir,l:iffi#Ji:'.n,#i"',1',.itoi'.x#ft'J".*"ri*i::i
Some of which are sum_metl up
as follolvs.
1. Written c.haracter
The American constitution is a written
a.d brief document consisting of only
It was a skereton constitution since 7 articres.
filled in bv the Acts of the Congress.
the n"**, ,rrl-"'".,ro*oo. reft the detaiis to be
"i
2. Conventions ald practices

The lramers of constitution did uot make a shong jacket. They

only made a constitution
rhev make
;::;ih"1,ii::ifl;;:J}tJ:',.' " 'iii"*-ii.r, was_to be suppried with
*o, mf i *',. ;::i ; r ;iJ!H.i*,fl"#fl
i
"^
corrstitutit n bevond recoenihon. for example, by
::"5ff 3I[:* "^f]; L"j;.J#,;:
;;';o;runtion,
i_ndirect election of
.the .President
has
becoire a direcr ;;J'ihi '"uy
;iii.";:i,
Washrngton *rgbt"h;;';:;","noor,
,i-,u, u p,;1.;;ir,,il:'.'i:l:"."r#?:,:l#ff;;
two teems Tfuds convenuon was adherecr,"
o, rq+,, *n""'oresident Roosevelt offered

was amended rimiring the,"""r" .i".r,"

o.*il""r'r". il?i;J#:, ff#rstitution
3. Rigidity
American constitution is the most rigicl
constitution in the world. It can be
very lengthy and Qlmber some process. Because amended bv a
amendment procedure, sometimes of ths completed nature of the
it tut". fuu', i;;; amendment becomes
".-'

t1
 operative after it has been proposed. Every amendment proposal must be ratified by
three -fourths of the states.

4, Federal Chatacter

The American constitution is fedetal in character. It was originally a federation of 13

states but due to admission of new states, it is now a federation of 50 states. A
constitutional division of powers has been made between the centre and the federating
units. The constitution enumerates the powers of the centre and leaves the residue of
- --pp:arers-te-be exercised by the federating units. All powers not delegated to the centred '
", creates a
.:aot reserved for the people are exercised by the states. Thus the constitution
weak centre because residuary powers have been given to the units' How ever' in
practice, Federal Centre in Ameriia has become very powerful due to the application
of
the doctrine of "Implied powers" as propounded by the supreme court of the USA'

5. Supremacy of the Constitution

The constitution is the supreme 1aw of the land. Neither the centre nor the states can
override it. A law or an executive order repugnant to the constitution can be declared
unconstituti.onal and invalid by the Supreme Court.
6. Separation of Powers
The U.S Constitution is based on the doctrjne of "separation of powers". Although the
three wings of administratiorg viz, tlle executive, the legislature and the
judiciary are
inter depeirdent and carmot be separated enthely in the interest of good government yet
an afte;pt has been made in the American constitution to seParate them as much as
possible. The Congress is the legislative organ. The president is the Executive' He is
elected directly by the people and has nothing to do with the Congress He enjoys
a
fixed tenure oi fo* y"u." and is not a member of the Congress and is not a removed by
the vote( of no con{idence before the expiry of his team of office. He does not participate
il.t debates, nor can dissolve the Congress. Both are independent of each other' The
Supreme Court heads the federal judiciary and enjoys freedom in its work However'
today, the separation of powers has been limited to a very large extent. The president
today controis the legislitive policy. This ensures coordination between the executive
and legislative branches of the government.
7. Checks and Balances

Recognising the importance of close co-operation among three otgans of government'

the fithers of the constitution introduced 'checks and balances'' The powers of one
organwelesodevisedofothers.Asforexample,thepresidentcanvetotheBillsPassed
b1i the legislature. The Senate Shares with the president his powers of making
appointmelnts to the various federal offices and conclusion of treaties and agreernents
*ith foreign states. All such appointments and treaties must be ratified by 2/3 naiori\
in the sen-ate. Through this power, the senate controls the internal administration and
external policy of the president. The organisation of federal judiciary is determined by
the tong.ess u.,d ttr" irdg"r of the Supr:eme Court are appointed by the president with
the corient of the SenaL. The Supreme Court can declare the laws passed by the
Congress and Executive action taken by the president ultra vias' In this way' the
ttuee
organs of the government have been inter locked.

12
8. Bill of Rights
The constitution guarantees fundamental lghts of person, ProPerty and- liberty, it
is
holvever, notewor"thy that the lights were iniorporated in the constitution by a nurnber
of amendments effeited a{ter th-e constitution was promulgated Ffust ten amendments
were immediately made to incorPorate the fundamental rights' These rights of citizens
are enforceable iy ,u"orrru to the judiciary. These rights cannot be modified or
suspended except by a constitutional amendment'
9. fudicial Review
The federal judiciary can declare any legislation or executi:re action null
and void if the
same is found to be inconsistent *itf, tfr" ptovisions of the constitution.
The iudiciary
tt'rr,,, u.u as the guardian and custodian of the corstitution and fundamental dghts of
legislature has
the citizens. The iupremacy of the judiciary over tlte executive and the
1ed to the remark that the govern:nent of U'S.A is government by
the judges'

10. Division of Powers

Asafederalgovemmentrequiresadoublesetofgoverflrrentthatofcen,heandthoseof
states there riust be a division of powers between two part'. The constitution
specifies
the power o( the federal govemment and leaves the rest for the states'
11. Popular SovereigntY
popular
An important feature of the American system is that it emphasises the theory of
sovereignty. Ultimate authority has been vested in the people' :

12. Republicanism
TheU.s.AisarepublicwiththePresidentastheelectedheadofthestate.The
makes it
constitution cleriveJ its authority from the people. More over, the constitution
binding upon every constant state to have the republican form of goverrurent'
13. Presidential form of government
The constitution provides for the presitlential type of government in the U'S' A'
Ali
powers are vested in the president. The president is not politically responsible to the
Cor,gr"., in the manner in which the executive is responsible to the legislature in
Englancl or India.
14. Dual citizenshiP
TheU.SconstitutionplovidesfordualcitizenshipforthepeopleoftheUnitesstatesAn
AmericanisthecitizenoftheU.s'A,andalsothestatewhereinheorshe.isdomiciled,
15. Spoils system

ThisisanintelestingfeatureoftheAmelicanPoliticalsystem.Thesystemisassociated
with the name of President Andrew Jackson. According to this systefrL when the new
president takes over the charge oI,. administrAtion 'of the previous president is
jobs are
streamlined. 'Ihe system is knowh f;s 'spoils system' because imPortant
distributed ,*or,g ih" henchmen of the president or his party with out taking into
account ability, experience or talents of the men appointed'
3.3.1 Features of the Swiss Constitution

13
 A
Swit",prland has, distinctive lF consutution as her history.' Though small in area,
population, military importance and in many other respects which make a nation great,
the swiss Republic is one of the oldest and best democracies in the world. It is the one in
Europe which has always been only counEy where primary assemblies still form of
referendum and initiative are widely employed. Her constitution is a unique one in the
history of federal constitution. It established weak federal governments with delegated
authority are the plural executive and devices for Direct Democracy. The constitution
was originally enacted i1r 1818 but was substantially revised in 1874. In view of these
various political inetitutions in the conlederation and cantons, Feliy Banjour has rightly
called Switzerland "a laboratory of Politics".
1, Its written characten - Like all federal constitution the Swiss constitution is a written
one. It was passed by a representative assembly (Diet) and ratified by the majority of
citizens. It consists of 123 Articles and bandiky provisions. The Swiss constitution is a
pretty lengthy document -twice as long as that of the USA. On the other hand, it is
neither so bulky nor so detailed as the Indian Constitution.
2. Its Republicanismr Switzerland is a republic. The head of the State is the Federal
Council consisting of seven members. According to an often-told story no Swiss bothers
to know who is.the president of the counky. The seven federa-l cor:ncillors become
president and vice president of the confederation by rotation.
3. Its Federalism: - Switzerland is d federation though it is known as Swiss
confederation. It consists of 26 units (20 full cantons and 6 half cantons). The federal
government is weak and has delegated powers. The powers not given to the federation
1ie with cantons.

4. Its rigidity:- The Swiss constitution is very rigid. The process of Amendment is quite
difficult. There are two stages of amendment. Proposal and ratification. An Amendment
or revision can be proposed in one of the two ways. It may be proposed by the Federal
Assembly in the manner as it proposes ordinary bills. Over 1, 0e 000 voters can also can
initiate an amendment. They can do so in general terrns in the form of a detailed bili.
After an amendment is proposed in one of the above two ways, it must be submitted to
referendum for ratification. In referendum, it must be approved by majority of voters
casting their votes and maiority of votes in majority of cantons. A full canton has one
vote and half canton has half vote. Thus neither big states nor small states a.lone can
ma,ke any change in the constitution. So far 50 amendments have been passed there.

5, Plural Executive: - The most peculiar feature of the Swiss constitution is the plural
Executive. Then is no singular individual who can 6e called the head of the State. The
executive authority oI the federation is vested in the Federal Council coruisting of 7
members. This council in its collective capacity is the president of Swiss state. The
Courrcil has a president of its own but he has no powers attached to his office. He has no
special powers more than his colleagues.
6. lts Legislature: - The federal Assembly consists of t*o Houses - T(u Corr.il of
States and the National'Council. Like tlLe American Senate, the Council of States
represents the federal units and coruists of 46 member- two members from each fuIl.
canton and one from each half-canton. The national council is the Lower House

14
 rep_resenting the general interesb of the people. It is elected on the basis of Manhood
suffrage and proportional representation.

Iederal i9 t$ Federat Supreme Court and it is the only

1*l5I*"lZ--The
rerat Lourt. lt sulrmits ar annuallrtbunat
report of its working to the Assembly. It has no judiciJr
aHe laws of the federition and cannot ieclate th8rultra
:"ir:*.lqiy,
has review agairst cantonar
vir&s. However it
Judlciar laws and can declare them nu[ and void if they are
repugnant to the federal laws.
I' Direct Democraclc - switzerrand has been described as a qroder democracy. It is in
Switzerland alone that Direct democracy, preveils in 4 hall cantons ana
one ful _
cantong. Besides there are devices of referendum, recall and initiative.
The powers of the
state are thus higlrly ds6gntratizgd and democratized.
9. Absence of a BilI of Rights: - The swiss constitution rike other written constitutions
does not contain any formar bfll of rights. But this does not mean
that the swiss people
do not enjoy any civ and political liberties. Articres pettaining to rightq
of th" ;"o;i;
are scattered all over the constifution.

10. Liberal constitution: - The swiss constitution estabrished a riberal democracy. It

protects iiberal rights.
3.4.1 Salient features of British Constitution

3r tld:l constitution system is the ordest democratic

The British were the
system in the modern world.
fust to discover how to manage a large state or, d"-o.ruil
principles' she is the mother o.l.na1t]aryntary democrac-y in the iuorra.
aauptuulity *J
adjustability of &e British pr:litical institutions to the needs of time
are remirtalte"traits
of her political tife. The British politicat institutions act as a model for
the comprise
passirg_ tfuough democratic De Tocquev re remarked
*experience. that the Englrsh
peopie had no constitutio.. This saying_of a great political and constitutionut
although "*p"?i,
quoted very often, but only to be refuted. England irad a constitution,
it is not
written in a single document. The British co*tit rtior, found in statute,
culbms and
conventions.
3.4.2 Salient feature" ,
The salient features if the British constitution may be analyzed as follows.
1.
,Mostly
,Str"n a an{^Rartly wrinen: - By for the most important feature of t\e
t',hsh conshtution is iLs ifi iwitten character. There is no such thing as written
precise
and compact document wiich may be carled the BritiJ consutution.
The Engrish
Constitution has evolved through the ages, and is rargely found in yudiciat
decisions,
customs and conventions Conventions areporitical usige which
had de"etopea arrir.]
its working and have come to stay as a vitar part it the c"onstitution.
There are a numbei
of historic character and statutes laying some of the fundamental
principles of the British
constitutional system such Muql (1215), the pedUon o? nighi (fOZa), tfre AiU
of Rights (1689) the Reform",Acts of 7832,
^91*1,867 and 1884 the Habeas"corpus
the peoples representation Act (1918), the Equal franchise.Act
irt ltaig),
.nuqffi+ the Parriamentary Acts of igtt and 1949 and,1rsza1 d*"e"+"*+ii
various other statutes.
concerning local government and judicial organisation.

l5
 2 A.Specimen of Development and Conttnutty: _ The English
evol'rtion, It can be praced back to_the remote constitution is a child of
p"rr Ii*o, never enacted in the form if
laws by any constitution- framing body
arrfy ty inglish people at any stage of
History. It has gro,f,Lr." u., o.g#;;J;J"J;;;ii- "iu"tuJ
ug",o ug".
3' Flexible: - The Bf;itsh constitution is a classic example of flexibre
be passed, amended and repealed-by ,Upf" constitution. It can
,,,uprlty oI irrUu_errt since no distinction
is rnade between a constitutional law ani
o" oiair,i.y ri*. Both are heated alike. The
flexibirity has lent the virtue of uaupai i'ty-*a
"l*''":lt :f This quali$lenabled
constitution.
adjustabiliry to the British
it to grow #th tfre ire"as of iim".
4' Unitaryr The British constitution has unitaqz character ilas opposed to
a federal one.
All.powers of the governme4t are vested i" tfr"'Aritirt
p"rfi^ment, which is a sovereign
body. The executive organs of state are subordinate
t. ii il";";#;:;:?:
and are answerable to it. There i< onJy one legislature. ""J ".ir.ir"
fnghnd, Scotland, Wales etc. are
adminiskative units and not poridci autonoirous
USA or lndia.
,ri" i" a federation rike those of
"i,
5, Parliamentary executivei England has a parliamentary
form of government. The
sovereign has beenleprived of aII Lt,
$g..*ho .b are ministers
functionaries ;;;"* and authoriry. The real
*ho are ciosen representati've of the people. ffr"y U"i."g ,.
the majorityl:arty in pariiament and remain
in office so long as they can retain its
conJidence. They are, so far as law is concemed
summoned and dismissed afithe Royar discretion
*irri"t".I of tfre Ung *J ;
But in actual practice, the choice of
summoniag the ministeri is limited io the parliamentary
majority party only, and no
king dare dismiss his ministry so rong as ri
must tesign and give place to ttre paity wructr "";oy"
*," Jo*id"""" ir plri#; ,il;
iommanas majority and therefore its
To ti"g can retain them.in "ni"" ", r,i"li"asure. It is the preasure of
conJidence

larfmer2retationship
of ministers and parriament bind;At;";;"; *ri ii" Tr,,i'.lrr*
5, Sovereignty of Parliament-, The pattem of govern:rrent in Britain
parliamentary one it also stipulates_ ti.,e sovereigity is not only
whether ordinary or constitutional . its commandis
of par,a_errt, ,"p.ul 1u-ri,

requires ratification nor is it subject to judicial

iu* "r,y it
,na it is fixed and neither
review. No court in the co,ntrv can
challenge the vatiditv of Iaws passed by parriament.
Th";";;;;;'r"*r'Ji^,J"'ii" anr
This fact led De Lolne to remarl.tfrat.ttre'sritish
man a woman and-aJd,r€gulraft**r+alt-1
prd;;; ;;;;";fi;;;T;;"':^,
F\
7' Rule of Lawi Another most important featu-re of
the British constitution is the Rule
of,Law. It implies equality of all before Ia*, its supremicy,
It has three implicative, viz. 'rr,if* iry ""a Jr..ralty.
1. AII persons are equal belore law irrespective of their position or rank
2. This doctrine emphasises the supremacy of the law and not of
any individual
3. No one can be detained or imprisoned without a Iair and proper
competent court of law
trail by a
Nor.::n a pcrson be punished or deprived of his life, liberty of property except for a
specific breach of law provided in an ordinary
court of'ta* by u., ordinary procedure. A
corollary to these principles is the doctrine tirat "the
king or queen can do no wrong,,.

16
t"

That means that the king or queen camot be tried or punished by a court of law. It
{urther implies thai the ministers are legally responsible for the 4ctions taken by them in
the name of the sorereign. They cannot seek shelter in the legal immunity of the
king or
queen.
8. Gap between Theory and Practice:- Urilike other constitution there is a great gap
between theory and prackce in the English political system. This fact results largeiy
flom
tl.re unwdtten charaiter and customs. A for instance, in theory,
it is the King or Queen
whoissovereign,butinpracticeitistheparliamentwhichissovereign.Thekingor
has the right to
queen carurot vlto any Bili Passed by the parliament, alftrough he or she
do so in theory. The convention is that the King or Queen shall sign'even his or
her
or Queen is only
death warrant if passed by the two Houses of the parliament' The Kirg
a figurehead. He or she must accept the arlvice f the cabinet which is responsible to the
aii
p"rii^-"",. The Queen in theory is the fountairihead of patronage but in practice.has
ilono.,., and titles are conJerred ty the Prime Minister' In theory the King or Queen
,r,li^i "d po*ur, but in practice he or she does little' Every action of the King or Queen
is countersigned by a cabinet minister'
g.MixedConstitution}TheBritishconstitutionisaqueermixtureofthemonarchic
and aristocratic and demooatic principles' The institution of Kingship show-s $a1th9r5
of the British
ir *""*.hy in England. The existence of House it Lords, the upper House
an aristoclatic type of government the House
frrUu-"r,tiir"t # idea that England has
ii Co--ori, which is the lowei and popular house of the parliament reflects actual
working of a fu1l fledged democracy in this country'
L0. Rule of Convention:- A necessary corollary to the unwritten
character of the
constitution is that the conventions play a vital role in the British political system'-For
*i:lL" the queen has the prerogative to refu-se assent to a matter' Passed by
-
"r"*pi",
p^.ii"'"'t""t"ty by convention, she cannot do so and the same has became a rigid
principle of tire ctnstitution itsel{. By convention, again, the Queen cannot go against the
la"i.i .f the cabinet, though in strict legal genes she can do so Likewise' thele are
dozens of conventions which do not havJ any force of law yet
they are scrumPtiously
adhered to and tonstitute the very blood and flesh of the constitution'

11'IndependenceofJudiciaryrlndependenceofjudiciaryintheBritishconstitutional
based. on the
t;** i, highiy commenduit". nt*,orgi, the British constitutioir is not
ti1"orf or ,t i.i ,"paration of powers yet by convention and tradition lot of independence
hu, be"., allowei to the judiciary. ih" Brltirh judiciary is corsidered to be the
most
highly impartial upright and unamendable to any politica'l hJluence' It is rather
on
civil iiberties of people are
acfo.int oi efficienry ana impartially of the judiciary that all
Law prevails in its real. and
;;.i".aly safe and the celebrated principle of Rule of
affective form.
12. Paradoxes and Anomalies : - The Bdtish constitution is fulI of
paradoxes- and
anomalies. In the first p1ace, England is now a fust. rate of democracy
but heleditary
Lords still exist' It is a clear
fofi,i.uf i'ttai*,ion, Iik" Kingsilp and the House'of.hereditary kings or Queens or
contradiction in terms. Democrary has no place for
hereditary legislatures. It is goes tt the genius and of the Britishers that even in such
"ha',re
foruao*i.ut litoutionr, thy fo-ri a golden mean without disturbing their'
the
institutions and at the same time litting them in a democratic structure Moreover'

1l
 British constitution is systematic and sysmetricar inform. The Britishers
have not
worried themselves to correlatevarious pilces of the constitution and blend into
a single
whole and removg anomalies which are oo very apparent
3.5.1 France: Basic Features of the Constifution
A^ draft constitution was prepared and submitted for the referendum of the peopre. on
28 september 1958, the constitution of the Fifth Republic was adopted on z,r,bctober
19'58, it came into force. The constitution of the Fifth Republic contijns a preamble
and
92 articles. it has been described as ,,tailor-made for General de Giulle,,,
euasi
monarchical, quasi-presidential, a parliamentary empire, "the worst drafted in French
Constitutional History". The constitution has both republican and presidential
characteristics. In normal circumstances, powers are divided between the president and
the Pdme Minister.

The new constitution has been a focus of criticism. The supporters of this constitution
call it the best constitution which would give stability to F unce, whereas the critics call
it a Monarchist Constitution or at best a parriamentary Monarchy. some of the
characteristics of the new Constitutiors are:
1 A Rigid Constitution: The method the amendment of the corutitution is rigid, unlike
the Bdtish constitution. The- initiative for amending the constitution beloigs to the
President of the Republic on the proposal of the prinr,e Minister and to the pailiament.
An amendment, moved by the government or the parliament must be passed by both
the Houses in identical terms and should also be ratified by a referendum. if the
President of the Republic moves an amendment -it shall come before the parliament
convened and must be approved by 3/5rI' majority of the votes cast. In this case the
amendment shall not be submitted to a referendum. It may, however, be noted that the
constitution prohibits such an amendment which may eifect the Republican form oI
government or the integrity of the state.
2. A written Constitution: The constitution of the Fifth Republic is written one, It
p:e ;rr houever; sn
consists of15 chapters and 90 articles. of
@apters-e;rdJ06a*tides.
3. A child of Emergency: The Constitution of the Fifth Repubric is the ch d of
em€rgency. It was made when there was fear of civil-war and dre Algerian question
was still unsolved. The govemment was weak and uastable that peoplJwantei a new
constitution which would tle give them a stable govern:nent and sive the prestige of the
counhy.
4. Populat Sovereignty: According to the article 2 of the Constitution; ,,National
sovereignty belongs to the people, who shall exercise this sovereignty through their
representatives and through the referendum". It also forbids the delegation of
sovereignty to either an individual or a section of the people because many i ti-", u
France autocracy establish itself in one form or the other, after getting the powers from
the Parliament i.e., in 1804 Napoleon established his empirJ over- the ishes of the
constitution of the consulate. similarly in 1852 Napoleon III abrogated the democratic
constitution of the second Republic and declared himsel-f as.the Emperor of France.

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a,

5. Secularism: Like the Indian Constitution, the constitution of the Fifth Republic also
declares France to be a secular state, in other words there will be no state reiigion and all
the religions will be equal before the State

6. Republican Nature of the Constitution: The Constitution gives France a I{epublic

form if Govemment. Article 89 of the Constitution clearly lays down that "The
llepublican form of Government shall not be the object of an amendment". .France shall
.,ot hu.r" .t ottut"hy but the Head of the State shall be elected President'
7. Democratic form of Government The Corutitution declares France to be a
rwhich says that the
Democracy. Article 2 gives the world famous definition
Government wili be "that of the people, for the peopie, by the people'"
g. strong Presidency: The new constitution has substantially increased the powers of
the presi&nt. The president under the Fourth Republic was only a titular executive like
the kirrg or queen of Englanrl. But the Constitution of the FiIth Republic has made him,
in the iords of Mendai France a non-hereditary monarch. He enjoys the power of
appointing the Ptime Midster and other Ministers. He can also dissolve the Ndtional
Assembly and declare emergencY.
9. Guarantee of social and Political Rights: The Constitution of the Fifth Republic
guarantees Social and Politicai Rights to the citizens of France. These rights are not 81ven in a
ieparate chaper, as is done in the Constitutions of India, Ctrina and Russia, but form a Part of
the Preamble of the Constitution

10. Two Govermmmtal systems: The Corstihrtion has established two govemmmtal
systerns - one for France proper and flrc other for the Frendr Community. The govemmmt of
the France Community is {ormed with the idea of appeasing tlrc overseas territories o( France.
The overseas territofies have been given autonomy and a separate set of government
consisting of a President an Executive Council and a Senate.

11. Restriction on Parliamentary sovereignty: Parliament consists of the National Assembly

and the senate. The Deputies of Nationat Assembly al.e elecbd dirrtly. The senate is elected
indirectty. It of territorial units of the Republics of France. The
ensures the representation
Frmch ionstitution puts restrictions on the sovereignty of parliamenU The Sovernrnent has
been given the authority to deal by executive action all matters not specially reserved to the
teglstiture. ttre Senab can effectively block legislation proposed by National Asseurbly and there
is-no provision in the constitution to put an end to any persisbnt djsageernmt between the two
Houses. [n this contex! the goveimment rnay inbfoe either passively or actively'

French fudicial System

There are certain salient features of the judicial system in France. France has codified law. A
member of the French judiciary js not as independent as English or hrdian Judge is. Cases in
regular courb in France are decided by at least three iudges. Un1ike England there aI€ two
separate sets of courts in France. There are regular courb for the.bial of civil and criminal cases
and there are also Administrative Courts fot the trial of th6se ca.{s in which the govemmmt is in
arly way involved. kr France there arc large number of special courts, e.8., judges de pair on
lustices of the peace, Industial Disputes Councils and Commercial Tribuals.
Party Systern in France

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France has a multi-party system and, that is due to the issues that divide the people of
France are many. The existence of the system of proportional representation has also
encouraged the multiplication of political parties in frzc.
Local Governmerrt in France

The most important features of ttre I-ocal C,ovemmmt in France are the exherne type of
centralization in the country. France is higtily centralised Republic as regards to all branches of
its govemmert There is no constitutional division of powers between the central govemment
and tlre local govemments. France is not a federation of many deparblents. There is too much
of uniformity in the French System of local govemment Another feahue of 1ocaI govemment
in France is patemalisrir. Too much is done for the people by the govemmenl I
3.6.1 China: Basic Features of the Constitution
Each constitution has certain important and significant features and the constitution of Cldg
1975 also has certain characteristics. These are as follows:

1. A Written Document The constitution is a writbn documenL which it is said that discussed
in secret sessionsof the party and also the Congress. The constitution was suddeily given to
dre pmple. It is of course a very small document, which has not elaborated state skucture. It
has simply given broad outlines arrd guidelines. As already pointed, the corstitution has only
30 artides, induding a I'reamble, National Flag and National Anthsn-

2 Praise for the Part,,: ln the corstitutiors of India and U.S.A and in many other corstitutions of
the worl4 there is no mmtion of the political party as suctr. No political party is either praised or
condernned. ln fact political party has extra constitutional role to p1ay. But in the presmt
corutitution of China the role of the Communist party of the country has been considerably
praised. In fact the party has been very much strengthened. The parly has been characterised as
the vanguard of struggle. Party drairman has been dedared as the commandet in chief of
armed forces of the country. It will on the recornmendations of the party trat trrime Minisu and
the Cabinet will be corstituted. In this way [ke.t]re constihrtion of Russia, this constitution has
also very much praised communist pa*y and tlrc part played by it in the past and the role which
it is likely to play in future.
3. Fundamental Rights and Duties: 'Ihe Constitution of 1954 has a chapter on Fundamental
Righb as well as duties which the citizers were expected to perfonn, The present constitution
also has incorporated a drapter on similar lines. Lr *re corstih:tion the rights and duties whidr
have been mentioned are more or less on the same lines as given to the citizm of the Russia. One
important distinction however, is tlrat whereas in the Russia cwrparatively more shess has been
laid on economic rights, in the constitution of China political rights have been laid less
stress. Some of the imporbant rights as given to the peofle are.

PoliticalRights
1. People have been guaralteed equality in the eye of law.
2. Universal adr:lt franchise and in this regard no distinction is to be made on the basis of caste,
creed and religion.

3. Equal rights for women and men.

Economic Riglts

20
./r

1. The people have been given the right to work

2. The right to rest and leisure. r
3. Right to social security ie. mabrial assistance in old age sickness and provision for social
irsurance.
4. The state has givm the citizens the right O edircation.
citizens have been given the right to get their grievances redressed, whenever they
l. }e
feel that the state is transgressing ib authority.

Mbcelhneous RigJttr
1. The citizens have freedom of speech, freedorr of p'ress, freedom of asserrbly and that of
association They also have freedom of prccession and derrorutration But these freedorns can
be mjoyed only in conformity with the inbresb of the working classes.

2. The citizers have been given the freedorn of-religioo including that of propagating for a
r"Iigo.t
3. Freedom to engage in scientific research and cutturat pursuits.
4. Inviolability of home and person has been guaranEed
5. The citizens have bem given freedom of residence and the way in which they wish b ctrange
*tat
6. Secrecy of correspondmce has been guaraneed.
7. The people have been given the right to strike.
4. Fundamental Duties: Along with rights the corstitution has provided that the cihzens of
China shall have certain fundamental duties to perfonn- These are:
1. Every citizen must abide by the corstitution
2. He should uphold discipline at work.
3. He must maintain public order.
4. He should preserve social ethics.

5. He is responsible for protecting public properly.

6. He should defend hone land and perform military service which is considered honorable
duty of every citizen-
5. Incorporation of a P.eamble Like many other modem gonstitution of the worl4 the present
corstitution of China has also irrorpomted a 'rleamble' b the constitution It is u9 tiis preamble
that importarre and role of Comrumist Party of China has been considerably sbessed.

5. No Head of the state: In this constitution no provision has been made for the head of stae.
There will be no drairman of tre county ard in this way an informal arrangeurerrt which was
existing since 1%9 has now been formalised Previously there used to be two draimren namely
the chairman of the party as well as that of the state, irstead of two clainrren now fte!€ $nll be
only c,ne drainrnn and tut wfllbe of tte party alorc.

2t
7.No Separation of Power: In the constitution there is no provision for the separation of powers,
in so far as three orgars of the govemme-nt namely the executive, legislature and judiciary is
concemed. On the other hand People's llosecutors, who had been provided in the constitution
of 1954 have been withdrawn. Prosecution justice and security have now been brought under
the control of administration. Criticism of mass line organisation, which in practice means
that of the Communist party will be rather very seriously viewed. It is also provided in the
constitution that State authority wili be kept under constant control and vigilance of russ line
politics i.e. the party.

8. Political Nature of the Constitution: The constitution of -IW5 has another important
characteristic namely that it is more of political rather than of legal nature. [r this constitution
role of the party has been sufficierrtly appreciabd and over emphasised. Political objectives have
been specified. New political systems to haditional democratic systems have been claimed to
have been given. Cass struggle, Cultulal Revolution and similar other political innovations
have been given more importance rather than iegal aspecb, which should be given in the

;Tilli: a."**roru Constitutional amendmmt procedure of lgs4constitutionwas some

what djfficult It was provided that constitution could be ammdedby 2/ 3 majoi$. On the odrer
hand the present constitution has made the corstitution very flexible. It is now provided that
constitution can be amended by a simple mafority of National People's Congress. The
procedure for the constitutional amendment has become sti1l more fleible because there is
onlv one political party in power in the Congress and leadership can get any constitutional
amenclment passed, at any time, it would like to have amended.

10. A Unitary Form of Govemrnent China was to decide whether the country should liave a
unitary or federal form of govemmml The leader ship in China decided to have r:nitary form of
goverrment Accordingly the provinces in China have been given some powers, but these
act as agents of the Central Government and have very little independence. On the other
hand Ce,r.tral Govemment in the coirntry has been given very extensive powers. AI1
govemmental power and authority iS vested in *.he hands of govemment at Beijing. The
pror.inces rvhich under the eariier conslltlltion were free to adopt their own social system
have been denied these rights. Nou' the provinces are expected to promote socia.list
construction of society and that very litde freedom has even now been denied,to thern

11. Shess on Marxism-Isrinisrn Like the Russ;;rn constitution, tre present Chinese corutituticql also
ks dreoretiral base and there is shess on Marxism * Leninism and on the thoughts and
philosophy 6f ffi6o Tse Tung. it has been dearly said that the present corstitution will base ibelf
on dre ideas ex;runded Uy Marxisln and Leninism and thoughts gven by 11-t" m.lisputed
leader of Crina Mao Tse Tung.
12. Foundation of Socialist Society : The corutitution of China (1975) has clearly said that
from 'march to socialism' we have now come io 'socialism' and that in tLe coulty now
socialist society will be established in which workers and pea-sants will have their own
impntant and sigrLficant role to play. This will be done by glving eltensive control of party
ieaciership over l}re state. Socialist economic poliry will be formulated for increasing
producticn and pohcies of mass campaign as nitiated by Culturai Revolution will be stoessed.
Therewill be more shess on revolutionary socialist economy.

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