KLASIFIKASI KONSTITUSI

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KLASIFIKASI KONSTITUSI
ARISTOTELES
Type of
Constitution
Good or True
Form
Bad or Perverted
Form
Government of One
Monarchy or Royalty
Tyranny or Despotism
Government of the Few
Aristocracy
Oligarchy
Government of the Many
Polity
Democracy
KLASIFIKASI MODERN
• The nature of the state to which the
constitution applies;
• The nature of the constitution itself;
• The nature of the legislature;
• The nature of the executive;
• The nature of the judiciary
The nature of state to which the
constitution applies
Unitary
 State organized under a single
central gov.
Supreme legislative authority by one
central power (dicey).
Federal
 a political contrivance to reconcile
national unity and power with the
maintenance of ‘state rights’.
Characteristic:
 the supremacy of the constitution.
Distribution of power between the
federal state and co-ordinate state
forming it.
Supreme authority to settle any
dispute which may arise between the
federal and state authorities.
 Centralized
 Localized/
Decentralized
The Nature of The Constitution
• Unwritten
grown up on the basis
of custom.
• Written
In the form of a
document which has
special sanctity
•Documentary
•Non-documentary
The Nature of the Constitution
“Whether the process of constitutional lawmaking is or is not identical with the process of
ordinary law-making.”
Flexible
Constitution can be altered or amended without
special machinary.
Rigid
Require special procedure for its alteration of
amendment.
THE NATURE LEGISLATURE
1. Electoral System, by which voters
choose the members of legislature.
 Suffrage
a. Adult suffrage;
b. Qualified adult suffrage
 Kind of Constituency
a. Multi-member contituency
b. Single-member constituency
THE NATURE OF LEGISLATURE
2. Types of Second Chamber
Election
a. Elective
b. Non-elective
c. Partly elective
Strenghtness
a. Strong bicameral
b. Soft bicameral
THE NATURE OF THE EXECUTIVE
• Parliamentary Executive
• Non Parliamentary Executive
THE NATURE OF THE JUDICIARY
• Whether subject to Rule of Law or under
Administrative Law.
• Whether centralized or decentralized judiciary.
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