This document provides an overview of constitutional law and the key concepts surrounding it. It discusses: 1) The nature of constitutional law as the law relating to a state's constitution. It defines states and discusses unitary vs. federal models. 2) The distinction between states and governments, with governments defined as machinery to achieve state purposes. 3) The definition of a constitution as a country's supreme law and the different senses of how it is used. 4) The concept of constitutionalism and how it relates to limited government and restrictions on legislatures, executives, and protection of citizen rights.

1. Constitutional Law I
Ayeshmantha Gayan
Visiting Lecturer – OUSL
Administrative Officer – Faculty of Law , UOC
Attorney at Law
LLB (Hons)(Colombo)
M.Phil. in Law (Reading)(Colombo)
DFM (J’pura)
Justice of Peace (Whole Island

2. NATURE OF CONSTITUTIONAL LAW
• The Constitutional law
The law relating to the Constitution of a State
• The State
✓ Define in Harold Laski‘s A Grammar of Politics
✓ For Constitutional law to exist, a State does not have to be an independent political society
recognized in international law.

3. • Unitary and Federal States
✓ Unitary State - one government exercising supreme power and authority over the whole country
✓ Federal State - the country is divided territorially into several units and the powers and functions of
the State are divided and distributed between a Central government and states(provinces)
✓ Federal States may be further subdivided
1. powers allocated to the Federal government are specifically enumerated in the constitution. Ex – USA
2. The powers of the constituent States or provinces are specified and the residuum of power is vested in
the Central government. Ex – Canada
✓ Constitution determines whether a State is Unitary or Federal.

4. State and Government
• There is a distinction between the terms “State” and
“government”
• Generally the term “state” and “government” are
synonymously used
• A government defined as the machinery through which the
purposes of the state are sought to be achieved

5. The Constitution
• The supreme law or fundamental law of the land
• The source which all other laws derive their validity and legality
• The word “constitution” may be used in at least two different senses
1. Constitution is used to describe the whole system of government of a country –( the word
“constitution” is used in a wider sense)
2. The legal or non-legal rules which have been embodied in one document or a group of documents. –
(the word “constitution” is used in a narrower sense)

6. Constitutionalism
• Constitutionalism associated with limited government
• Constitutionalism refers to efforts to prevent arbitrary government.
• The nature of the limitations imposed upon the government
1. Ensure that the system of government cannot be changed arbitrarily - Constitution can be changed
only with a two third majority or after a Referendum. (ex – Art 86 of 1978 constitution)
2. A certain kind of relationship between the legislature and the executive is important
3. The judiciary should have a certain guaranteed degree of independence vix-a-vis the legislature and
the executive.
4. There are certain rights that citizens have, which should not be tampered with. (ex Fundamental
Rights)
• Every modern constitution restricts the legislature and the executive on one or more points.(ex-
Constitution of Sri Lanka 1978 – Art)

7. Principal Organs of Government
1. The legislature
2. The executive
3. The judiciary
(The separation of powers is a topic that will be fully discussed later)
Functions and Powers of Legislative
1. making of laws (Ex – Proposed data protection act)
2. altering existing law (Ex – 19th Amendment)
3. repeal of existing law

8. Functions and Powers of Executive
Traditionally - carrying on of the government according to law, including the framing of policy and the
choice and manner in which laws may be made to render that policy possible.
In recent times - the executive function has become extremely wide.
1. provision and administration a vast system of social welfare services
2. supervision of defence, order and justice
3. procurement of finance required for development

9. Classification of Constitutions
1. Written and Unwritten
• “written” - The most important laws of the country contained in “a document” – (ex – Constitution of
Sri Lanka 1978)
• “Unwritten” – No formal document containing the most of laws of the country (ex – UK)
• Nearly every country has a Written Constitution
• The important exception is Britain
• This classification of the constitution does not provide significant clues to the fundamental features of
the constitution.
• Cooray J.A.L - “the difference between the two types of constitutions is ….. not absolute but relative”
• The term “unwritten” is used to mean not passed en bloc by a Constituent Assembly and not found
codified in a single document.

10. 2. Flexible and Rigid
• A Flexible Constitution - defined by Dicey as ‘one under which every law of every description can
legally be changed with the same ease and in the same manner, by one and the same body
• A Rigid Constitution - fundamental laws either cannot be changed in the same manner as ordinary
laws or cannot be changed at all. (Ex Constitution of Sri Lanka 1978)
• Rigid Constitutions can subdivide
1. special amending procedure is within the sole power of the legislature. e.g. India.
2. special amending procedure, some outside agency has to be brought in. e.g. Switzerland.
• Sri Lankan Constitution (1978) a hybrid of the two types of rigid constitutions described above.-
• Wickremanayake v. The State - there are certain other provisions of the Constitution which can be
altered only by seeking a vote at a Referendum.
3. wholly or partly are not legally alterable at all. e.g. Basic articles of the Constitution of the Republic of
Cyprus and section 29(2) of the Ceylon Constitution Order in Council, (1946)

11. Autochthonous and Granted
Autochthonous - Its legal origin in the country (it is home-grown.) e.g. the British
Constitution
This type of constitution implies
(i) autonomy
(ii) self sufficiency
(iii) break in the legal continuity
Granted - its legal origin in the form of an enactment or authorization by some other
supreme legislative body

12. Thank you