KLASIFIKASI KONSTITUSI | Muchamad Ali Safa'at

KLASIFIKASI KONSTITUSI

ARISTOTELES
Type of
Good or True
Constitution
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/
Decentraliz
ed

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.
b.

Multi-member contituency
Single-member constituency

THE NATURE OF
LEGISLATURE
2. Types of Second Chamber
Election
a.
b.
c.

Elective
Non-elective
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.