A constitution is the body of rules by which a state is governed. It states who may exercise power, and the limits on that power.
The idea
A written constitution is collected in a formal document, or a small set of documents, and it is usually superior to ordinary law. Ghana's 1992 Constitution is written. An unwritten constitution is not a single document. It is found in statutes, court decisions and customs, as in the United Kingdom. "Unwritten" does not mean "not written down anywhere". It means there is no single supreme text. A rigid constitution is hard to amend. A flexible one can be amended by the ordinary law making process.
Constitutions do three jobs that answers should separate. They set up the institutions, such as a legislature, an executive and courts. They limit those institutions, by rights and by procedures. They provide a way to change the rules without violence. A constitution that cannot be changed at all becomes brittle. A constitution that can be changed by a passing mood does not protect anyone. The design is the degree of difficulty, not the absence of change.
What earns the marks
Written versus unwritten is about form. Rigid versus flexible is about amendment. Do not treat them as the same pair. Ghana is a safe example of a written constitution. The United Kingdom is the safe example of an unwritten one. Do not invent article numbers. If you discuss rights, describe them. A supremacy clause means the constitution prevails over an ordinary act. Say that in a sentence.
Practice questions
These are practice questions in the style of the paper, with a model answer and a mark scheme. They are not a promise of what your paper will ask.
1Question 1
4 marks
(a) Define a constitution. (2 marks)
(b) Distinguish between a written and an unwritten constitution. (2 marks)
Model answer
(a) A constitution is the set of rules by which a state is governed.
(b) A written constitution is contained in a formal document and is usually supreme. An unwritten constitution is drawn from statutes, judicial decisions and customs, with no single supreme document.
Mark scheme
Rules for governing the state, or for allocating power2 marks
Written: a formal document or documents1 mark
Unwritten: statutes, decisions and conventions, not one codified text1 mark
2Question 2
2 marks
What is a rigid constitution? (2 marks)
Model answer
A constitution that cannot be amended by the ordinary law making process. A special, more difficult procedure is required.
Mark scheme
Amendment is difficult1 mark
A special procedure, beyond an ordinary act, is required1 mark
3Question 3
2 marks
State two purposes of a constitution. (2 marks)
Model answer
It establishes the main institutions of government, and it limits their power by stating rights and procedures.
Mark scheme
One purpose, such as creating institutions, limiting power, or protecting rights1 mark
A second purpose1 mark
Practise Government with Anna
More questions on this topic are inside GLearn, marked as you answer, with the reason written out. The first ones need no account.
The body of rules by which a state is governed. It creates the institutions, limits their power and sets out how the rules themselves can be changed. Ghana's 1992 Constitution is a written constitution.
Does unwritten mean the rules are not written down?+
No. An unwritten constitution, such as that of the United Kingdom, is found in statutes, court decisions and customs. What it lacks is a single document that is supreme over ordinary law. All WASSCE Government past questions