Isabella Carter
A constitution is a special document that outlines the fundamental principles and laws that govern a nation. It is a set of rules that defines the powers and structure of a country's government and establishes the rights and duties of its citizens. Constitutions are typically lengthy and comprehensive, detailing the intricate workings of a nation's legal, administrative, and governmental framework. They are often rigid, requiring special procedures for amendment, and are supreme over ordinary legislation. The characteristics of a constitution vary from country to country, each tailored to its nation's unique needs and context. For example, the Indian Constitution is the lengthiest written constitution in the world, reflecting the country's vast diversity and accommodating both central and state governments. In contrast, the US Constitution, though shorter, outlines a system of checks and balances to prevent any single branch of government from becoming dominant. Constitutions are significant because they provide a framework for governance, protect citizens' rights, and ensure that those in power adhere to established norms and values.
| Characteristics | Values |
|---|---|
| Length | The Indian Constitution is the lengthiest written constitution in the world. |
| Sources | The Indian Constitution borrows from the Government of India Act of 1935 and other constitutions. |
| Rigidity and flexibility | Constitutions are classified as rigid (special procedure for amendment) or flexible (can be amended like ordinary laws). The US Constitution has an entrenched clause that prohibits abolishing equal suffrage without states' consent. |
| Structure | The US Constitution has a preamble and seven articles outlining the three branches of government and their powers. |
| Federal law | Federal law is supreme over state and local laws. |
| Federal judges | Federal judges are appointed for life unless they commit a serious crime. |
| State powers | States have the authority to create and enforce their own laws but must respect and help enforce the laws of other states. |
| Amendment process | Amendments require a two-thirds vote in the Senate and House, followed by a vote in state legislatures. |
| Fundamental rights | The Indian Constitution guarantees 6 fundamental rights, promoting political democracy. |
| Judicial system | The Indian Constitution establishes an integrated and independent judicial system, with Supreme, High, and Subordinate Courts. |
| Secular state | The Indian Constitution treats all religions equally and does not uphold an official religion. |
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What You'll Learn
- Length: The Indian Constitution is the longest written constitution in the world
- Amendments: Most constitutions require amendments to pass a special procedure
- Entrenchment: Entrenchment clauses make certain amendments difficult or impossible to pass
- Autocratic states: Autocratic states like North Korea have constitutions that grant citizens rights
- Federal law: The US Constitution establishes federal law as supreme over state and local laws
Length: The Indian Constitution is the longest written constitution in the world
A constitution is a set of rules or fundamental concepts that aid in the governance of a state or organisation. Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation. An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass.
The Indian Constitution is the world's longest written constitution, with 145,000 to 146,385 words in its English version. It is the supreme legal document of India and the highest authority in the country. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. The constitution is so specific in spelling out government powers that many amendments address issues dealt with by statute in other democracies.
The Indian Constitution's length is attributable to several characteristics taken from the constitutions of many countries. It encompasses all the specifics and descriptions of the authorities wielded by the government, legislature, and judiciary. India's variety in terms of language, race, religion, culture, and geography also contributed to the constitution's length. The constitution's substance was derived from various sources, including previous legislation such as the Government of India Acts of 1858 and 1935, the Indian Councils Acts of 1861, 1892, and 1909, the Indian Independent Act of 1919, and the Indian Independence Act of 1947.
The Indian Constitution has been amended over 98 times since 1950, with the most recent amendment being assented to on 28 September 2023. It has a preamble and 448 to 470 articles, which are grouped into 25 parts or sections. With 12 schedules and five appendices, the constitution has been amended over 100 times.
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Amendments: Most constitutions require amendments to pass a special procedure
Amendments to a constitution typically require a special procedure that is more stringent than that required for ordinary legislation. This is a key characteristic of constitutions, setting them apart from other forms of legislation.
The process of amending a constitution often includes exceptional procedures, such as convening a special constituent assembly or constitutional convention. For example, the US Constitution has a specific amendment process outlined in Article V. This process involves a supermajority requirement, where two-thirds of both the Senate and the House of Representatives must vote in favour of the amendment before it can be sent to the state legislatures for their vote.
In some cases, an entrenched clause or entrenchment clause may be present in a constitution, making certain amendments more difficult or even impossible to pass. Overriding such a clause might require a supermajority, a referendum, or the consent of the minority party. For instance, the US Constitution's entrenched clause prohibits abolishing equal suffrage of the states within the Senate without their consent.
The term "eternity clause" is used in a similar context in the constitutions of several countries, including the Czech Republic, Germany, Turkey, Greece, Italy, Morocco, Iran, Brazil, and Norway. These clauses reflect the importance of certain fundamental principles that are protected from being abolished or amended.
The amendment process for constitutions is deliberately designed to be more rigorous than ordinary law-making procedures, ensuring stability and continuity in the face of changing political landscapes. This special procedure characteristic of constitutions helps maintain the integrity and longevity of the framework governing a nation.
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Entrenchment: Entrenchment clauses make certain amendments difficult or impossible to pass
Entrenchment clauses, also known as entrenchment clauses, are provisions in a constitution that make certain amendments more difficult or impossible to pass. These clauses are designed to protect the fundamental principles of the constitution and ensure that any changes made are carefully considered and widely supported.
The process of amending a constitution with an entrenchment clause typically requires more stringent procedures than those required for ordinary legislation. This might include requiring a supermajority of legislators' votes, approval in two successive terms of parliament, or a referendum. For example, the Australian Constitution can only be amended with the support of a majority of Australian voters nationwide, as well as a majority of voters in a majority of states.
In some cases, overriding an entrenched clause may require the consent of the minority party or even the approval of a supermajority and a referendum. For instance, the US Constitution has an entrenched clause that prohibits abolishing equal suffrage of the states within the Senate without their consent. Similarly, the Malaysian Constitution has an entrenched clause related to the Malaysian social contract, which grants special privileges to the indigenous Malay majority while also granting citizenship to substantial Chinese and Indian immigrant populations.
Entrenchment clauses are not limited to national constitutions; they can also be found in the constitutions of corporate bodies. For example, in the UK, some companies may include entrenchment clauses in their memoranda and articles, making it difficult for members to dissolve the company and distribute its assets.
While entrenchment clauses are designed to protect the integrity of a constitution, they are not without controversy. Some scholars argue that entrenchment clauses cannot be considered an unambiguous instrument for the protection of democratic constitutionalism, as they can sometimes be used to uphold undemocratic practices or infringe on constitutional principles. For example, the Turkish Constitutional Court invalidated a constitutional amendment that abolished the headscarf ban in universities, which was supported by a parliamentary four-fifths majority and a majority of Turkish citizens.
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Autocratic states: Autocratic states like North Korea have constitutions that grant citizens rights
Autocratic states, such as North Korea, have constitutions that grant citizens certain rights. North Korea's constitution, for example, officially grants its citizens freedom of expression and other rights, such as the right to elect and be elected, freedom of speech, freedom of assembly, freedom of religious belief, and freedom of residence and travel. The constitution also guarantees equal rights for all citizens, the right to work, and the right to free education and medical care. Additionally, it provides special protection for women, mothers, and children, granting them equal social status and rights as men.
While North Korea's constitution outlines these rights, the extent to which the government abides by these provisions is questionable. The country's practices and priorities may supersede the constitutional rights granted to citizens. This discrepancy between constitutional rights and actual practices is a challenge in autocratic states, where the constitution-making process may be rushed or prolonged, resulting in a document that may not accurately reflect the values and needs of the governed.
Constitutions in autocratic states may also differ from those in democratic countries in terms of amendment procedures. Autocratic regimes often have unique procedures for amending their constitutions, making it more challenging to modify than ordinary legislation. These procedures might include requiring a supermajority of legislators' votes, holding multiple parliamentary terms, obtaining the consent of regional legislatures, or conducting a referendum. For instance, the North Korean constitution emphasizes the country's economic structure, with articles stating that the means of production are owned by the state and social cooperatives, and that citizens are allowed to own private property.
The North Korean constitution also reflects the country's focus on defense and military matters, with articles outlining a self-reliant defense strategy, the establishment of a revolutionary command system, and the consolidation of a socialist system. These aspects of the constitution highlight the unique priorities and perspectives of an autocratic state, where maintaining control and stability may take precedence over individual rights and freedoms.
In summary, while autocratic states like North Korea may have constitutions that grant citizens rights, the effectiveness of these rights depends on the government's willingness to uphold them. The amendment processes for constitutions in autocratic states can be complex, and the implementation of constitutional provisions may be influenced by other factors or ideologies that shape the country's governance.
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Federal law: The US Constitution establishes federal law as supreme over state and local laws
Constitutions are special because they are difficult to amend. They often require exceptional procedures to be amended, such as the convocation of a special assembly or a supermajority of legislators' votes. Some constitutions also contain entrenched clauses, which make certain amendments more difficult or impossible to pass. For example, the U.S. Constitution has an entrenched clause that prohibits abolishing equal suffrage of the States within the Senate without their consent.
The US Constitution, with its Supremacy Clause, establishes federal law as supreme over state and local laws. This clause, also known as Article VI, Clause 2, states that the Constitution, federal laws made pursuant to it, and treaties made under its authority, are the "supreme Law of the Land". This means that they take priority over any conflicting state laws, and state courts and constitutions are subordinate to this supreme law.
The Supremacy Clause was ratified in 1788 and has been a cornerstone of the United States' federal political structure. It addresses issues that arose during the Confederation era, when federal statutes did not bind state courts in the absence of state legislation implementing them. The clause establishes that federal law prevails over conflicting state laws, and that federal statutes and treaties must be within the parameters of the Constitution.
The Supreme Court has applied the Supremacy Clause in cases where state courts have issued rulings that contradict the decisions of federal courts. For example, in Ableman v. Booth, the Supreme Court held that it was illegal for state officials to interfere with the work of US Marshals enforcing the Fugitive Slave Act and that state courts could not nullify the judgments of a federal court.
The Supremacy Clause also plays a role in contemporary legal doctrine, with courts deciding many cases that involve whether a particular federal statute should be understood to preempt a particular aspect of state law. This is known as preemption, which can occur in two ways: field preemption and conflict preemption. Field preemption occurs when federal law is so pervasive that it is reasonable to infer that Congress left no room for the states to supplement it, or when the federal interest is so dominant that the federal system will be assumed. Conflict preemption occurs when compliance with both federal and state law is impossible, or when state law poses an obstacle to federal objectives.
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Frequently asked questions
Constitutions are special because they outline the fundamental principles and laws that govern a country and its people. They are often lengthy and comprehensive, like the Constitution of India, which is the lengthiest written constitution in the world.
A constitution typically outlines the structure and operations of the government, including the branches of government and their powers. For example, the US Constitution establishes a system of checks and balances across the legislative, executive, and judicial branches.
Amending a constitution usually requires a special procedure that is more stringent than passing ordinary legislation. This can include requiring a supermajority of legislators' votes, approval in two terms of parliament, or a referendum.
The judiciary acts as the guardian of the constitution, ensuring that the actions of the executive and legislative branches adhere to constitutional norms and protect the fundamental rights of citizens, as seen in the independent judicial system of India.
The concept of constitutions has evolved over time, with ancient codes of laws dating back to 2050 BC in the Code of Ur-Nammu of Ur. The Renaissance brought a wave of political philosophers who criticised monarchical practices and sought to establish principles of constitutional design for more just governance.
