Characteristics of a Constitution

What Are Constitutional Characteristics?

A constitution is not just a document. It has specific features that determine how it functions. These features are called characteristics. They explain why constitutions work differently in different countries.

For example, the United Kingdom has an unwritten constitution. Nigeria has a written one. America’s constitution is rigid. This means changing it is difficult. These differences come from each constitution’s characteristics.

Understanding constitutional characteristics helps you know how government operates. It also explains why some countries change their constitutions easily while others find it very difficult.

Major Characteristics of a Constitution

1. Supremacy

Supremacy means the constitution is the highest law of the land. No other law can contradict it. Any law that goes against the constitution is void.

In Nigeria, Section 1(1) of the 1999 Constitution declares that the Constitution is supreme. If the National Assembly passes a law that violates the Constitution, courts can declare that law unconstitutional and invalid.

This characteristic protects citizens. Government cannot make laws that violate constitutional rights. For example, if a state government bans freedom of speech, courts will strike down that law because it contradicts the Constitution.

Supremacy also means all government officials must obey the Constitution. The President, governors, judges, and civil servants must act within constitutional limits. Nobody is above the Constitution.

2. Written or Unwritten Constitution

A written constitution exists as a single document or collection of documents. Citizens can read it, reference it, and know exactly what it says. Most countries have written constitutions.

Nigeria’s Constitution is written. It contains 320 sections organized into 8 chapters. Citizens can obtain copies and read the entire document. This makes constitutional provisions clear and accessible.

An unwritten constitution has no single document. Instead, it consists of laws, customs, conventions, and court decisions built over many years. The United Kingdom has an unwritten constitution based on parliamentary statutes, common law, and traditions.

Written constitutions are clearer and easier to understand. Unwritten constitutions are more flexible but can be vague about certain provisions.

3. Rigidity or Flexibility

A rigid constitution is difficult to amend. It requires special procedures beyond ordinary lawmaking. A flexible constitution can be changed through normal legislative processes.

Nigeria has a rigid constitution. Section 9 sets strict amendment procedures. To amend the Constitution, you need:

• Two-thirds majority vote in both National Assembly chambers (Senate and House of Representatives)
• Approval by at least two-thirds of State Houses of Assembly
• Presidential assent

This process is much harder than passing ordinary laws, which need only simple majority. Rigidity protects the Constitution from frequent changes driven by temporary political interests.

Flexible constitutions, like the United Kingdom’s, can be amended through regular parliamentary votes. This makes adapting to new situations easier but offers less protection against hasty changes.

4. Federal or Unitary Structure

A federal constitution divides power between central government and regional governments. Each level has specific powers guaranteed by the constitution. A unitary constitution concentrates power in the central government.

Nigeria operates a federal system. The 1999 Constitution divides powers between the Federal Government and 36 State Governments. The Exclusive Legislative List (Part I, Second Schedule) gives certain powers only to the federal government. These include defense, currency, foreign affairs, and immigration.

The Concurrent Legislative List (Part II, Second Schedule) includes powers both federal and state governments can exercise. These include education, health, and agriculture. State governments also have residual powers over matters not on either list.

Countries like Ghana and France have unitary constitutions. Their central governments control everything. Local governments exist only because central government allows them. The central government can abolish or modify local governments anytime.

5. Comprehensive or Basic

Some constitutions cover many details. Others provide only basic principles. A comprehensive constitution includes detailed provisions about government structure, citizen rights, and specific policies. A basic constitution outlines general principles and leaves details to ordinary legislation.

Nigeria’s Constitution is comprehensive. It includes specific provisions about everything from revenue allocation formulas to directive principles of state policy. It even specifies how many ministers the President must appoint (at least one from each state).

The United States Constitution is relatively basic. It contains only 7 articles and 27 amendments. Many governance details come from federal laws and court interpretations rather than the Constitution itself.

Comprehensive constitutions provide more clarity but are harder to amend. Basic constitutions allow more flexibility through ordinary legislation.

6. Enacted or Evolved Constitution

An enacted constitution is deliberately created at a specific time by a constituent assembly or similar body. An evolved constitution develops gradually over time through customs, laws, and practices.

Nigeria’s Constitution was enacted. The 1999 Constitution came into force on May 29, 1999. Before that, Nigeria had other enacted constitutions in 1960, 1963, 1979, and 1989.

The United Kingdom’s unwritten constitution evolved over centuries. No single event created it. Instead, documents like the Magna Carta (1215), Bill of Rights (1689), and various parliamentary acts gradually built it.

Enacted constitutions usually mark a new beginning for a country. They often follow independence, revolution, or regime change. Evolved constitutions reflect continuous political development without dramatic breaks.

7. Provision for Fundamental Rights

Most modern constitutions include bills of rights that protect citizens’ fundamental freedoms. These rights limit government power and guarantee individual liberties.

Chapter IV of Nigeria’s Constitution lists fundamental rights. These include:

• Right to life
• Right to dignity of human person
• Right to personal liberty
• Right to fair hearing
• Right to freedom of thought, conscience, and religion
• Right to freedom of expression and the press
• Right to peaceful assembly and association
• Right to freedom of movement

These rights are justiciable, meaning citizens can approach courts when government violates them. Courts can order government to respect these rights or pay compensation for violations.

Not all constitutions include extensive rights provisions. Some rely on separate human rights legislation or international treaties.

8. Provision for Amendment

Constitutions must balance stability with adaptability. Amendment provisions allow constitutions to evolve without completely rewriting them.

Nigeria’s Constitution includes detailed amendment procedures in Section 9. Some provisions are harder to amend than others. For example, creating new states or altering state boundaries requires approval by affected states through referendums.

Amendment provisions prevent both excessive rigidity and excessive flexibility. Without amendment processes, constitutions become outdated. With too-easy amendments, constitutions lose their protective function.

Comparison of Constitutional Types

Why These Characteristics Matter

Constitutional characteristics determine how government operates and how citizens relate to their government. They answer important questions:

Can citizens challenge unjust laws? If the constitution is supreme, yes. Courts can declare unconstitutional laws invalid.

Can government easily remove citizen rights? If the constitution is rigid, no. Removing rights requires going through difficult amendment procedures.

Do state governments have guaranteed powers? If the constitution is federal, yes. Federal government cannot arbitrarily abolish state powers.

Can citizens know exactly what the constitution says? If the constitution is written, yes. They can read and reference specific provisions.

Understanding these characteristics helps citizens hold government accountable. It also helps students compare different countries’ constitutional systems.

Common WAEC Exam Mistakes

WAEC Chief Examiners report these common errors when students answer questions about constitutional characteristics:

• Confusing characteristics with types of constitution: Characteristics are features all constitutions have (like supremacy or form). Types are categories we use to classify constitutions (like presidential vs parliamentary). Know the difference.
• Simply listing characteristics without explanation: When asked to “explain,” don’t just write “written, rigid, federal.” Describe what each characteristic means and give examples. WAEC awards marks for explanations, not mere listing.
• Using wrong examples: Don’t say Nigeria has a flexible constitution. Nigeria’s Constitution is rigid. Learn Nigeria’s constitutional features correctly since WAEC uses Nigerian context.
• Failing to distinguish related terms: Students often confuse “rigid” with “written” or “federal” with “supreme.” Each characteristic is distinct. A constitution can be written but flexible, or unwritten but supreme (like UK’s parliament).
• Poor structure in essays: Organize your answer clearly. Discuss one characteristic at a time with proper paragraphing. Don’t mix different characteristics in one paragraph.
• Ignoring the command words: “State” means list briefly. “Explain” means describe in detail. “Distinguish” means show differences. Read questions carefully and respond appropriately.

Practice Questions

Multiple Choice Questions

1. What does constitutional supremacy mean?
a) The President has supreme power
b) The constitution is the highest law of the land ✓
c) Parliament can change the constitution anytime
d) Courts have unlimited power

2. Which country has an unwritten constitution?
a) Nigeria
b) United States
c) United Kingdom ✓
d) South Africa

3. Nigeria’s Constitution is best described as:
a) Flexible and unitary
b) Written and rigid ✓
c) Unwritten and federal
d) Flexible and federal

4. Which section of Nigeria’s 1999 Constitution covers fundamental rights?
a) Chapter II
b) Chapter III
c) Chapter IV ✓
d) Chapter V

Essay/Theory Questions

1. Explain FIVE characteristics of Nigeria’s 1999 Constitution. (10 marks)

Examiner’s Tip: Choose five clear characteristics like written, rigid, federal, supreme, and comprehensive. For each, write 3-4 sentences explaining what it means and how it applies to Nigeria. Use specific examples like Section 9 for rigidity or Chapter IV for rights. Each well-explained characteristic earns 2 marks.

2. Distinguish between a rigid constitution and a flexible constitution. (6 marks)

Examiner’s Tip: Define both terms clearly. Explain that rigid constitutions need special procedures for amendment while flexible ones use ordinary legislative processes. Give examples: Nigeria (rigid) vs UK (flexible). Discuss advantages and disadvantages of each. Award 3 marks per type if properly explained.

3. Discuss FOUR reasons why Nigeria operates a federal constitution. (8 marks)

Examiner’s Tip: Focus on why federalism suits Nigeria: ethnic diversity, large population, geographical size, need for power distribution. Explain how federalism accommodates these factors. Give specific examples of federal vs state powers. Each reason with good explanation earns 2 marks.

4. “A written constitution is always better than an unwritten constitution.” Discuss this statement. (10 marks)

Examiner’s Tip: Present both sides. Written constitutions are clear and accessible but rigid. Unwritten constitutions are flexible but can be vague. Use examples: Nigeria (written) and UK (unwritten). Conclude with your balanced judgment. Introduction (2 marks), arguments (6 marks), conclusion (2 marks).

Memory Aids

Use this acronym to remember the main characteristics of a constitution:

S-W-R-F-C-E-R-A

• Supremacy
• Written or Unwritten
• Rigid or Flexible
• Federal or Unitary
• Comprehensive or Basic
• Enacted or Evolved
• Rights Provision
• Amendment Provision

Or remember this phrase: “Some Writers Read Famous Comic Editions Regularly Afterwards” where each word’s first letter represents a characteristic.

For Nigeria specifically, remember: WRFS

• Written
• Rigid
• Federal
• Supreme

Related Topics

• Definition of Constitution
• Types of Constitution
• Functions of Constitution
• Importance of Constitutionalism
• Pillars of Democracy