KLASIFIKASI KONSTITUSI | Muchamad Ali Safa'at

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ARISTOTELES

Type of

Constitution Good or True Form Perverted Bad or Form

Government of One Monarchy or Royalty Tyranny or Despotism

Government of the

Few Aristocracy Oligarchy

Government of the

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• _{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 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}

KLASIFIKASI MODERN

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The nature of state to which the

constitution applies

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.

_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

_Centralized  _Localized/

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The Nature of The

Constitution

The Nature of The

Constitution

• _Unwritten

grown up on the basis of custom.

• _Written

In the form of a document which has special

sanctity

• _Unwritten

grown up on the basis of custom.

• _Written

In the form of a document which has special

sanctity

•_Documentary

•_{Non-documentary}

•_Documentary

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The Nature of the

Constitution

The Nature of the

Constitution

“Whether the process of constitutional law-making 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.

“Whether the process of constitutional law-making is or is not identical with the process of ordinary law-making.”

_Flexible

Constitution can be altered or amended without special machinary.

_Rigid

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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

1. Electoral System, by which voters choose the members of legislature.

 Suffrage

a. Adult suffrage;

b. Qualified adult suffrage  _{Kind of Constituency}

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THE NATURE OF

LEGISLATURE

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

2. Types of Second Chamber

_Election

a. Elective

b. Non-elective c. Partly elective

_Strenghtness

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THE NATURE OF THE

EXECUTIVE

THE NATURE OF THE

EXECUTIVE

• _{Parliamentary Executive}

• _{Non Parliamentary Executive}

• _{Parliamentary Executive}

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THE NATURE OF THE

JUDICIARY

THE NATURE OF THE

JUDICIARY

• _{Whether subject to Rule of Law or}

under Administrative Law.

• _{Whether centralized or decentralized}

judiciary.

• _{Whether subject to Rule of Law or}

under Administrative Law.

• _{Whether centralized or decentralized}