Key Characteristics Of A Written Constitution

A written constitution is a meticulously documented system of laws and principles that acts as the basis for governance in a country. It confers specific powers on an organisation or institutional entity, establishing a tripartite system of government with legislative, executive, and judicial branches, each with specified duties and powers. The written constitution is the fundamental law within a state, and it can only be changed by an extraordinary legislative process. The US Constitution, for example, is exceptional for its age and brevity, being the oldest currently in effect and among the shortest. Written constitutions can be contrasted with unwritten constitutions, which are the product of an evolution of laws and conventions over time, including both written and unwritten sources.

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Separation of powers

A written constitution is a meticulously written down and embodied system of laws and principles that acts as a basis for governance in a country. It is the supreme law of a country, and all laws enacted by the government must conform to its provisions.

One of the general features of a written constitution is the separation of powers. This concept can be traced back to the English Civil War and the Instrument of Government, which formed the basis of government for a short-lived republic from 1653 to 1657. The separation of powers is a tripartite system of government that divides the powers among three branches: the legislative, executive, and judicial.

The legislative branch, also known as the Congress or the House of Representatives, is responsible for creating and passing laws. They are usually elected by the people and represent their interests. The executive branch, on the other hand, is responsible for enforcing the laws created by the legislative branch. This branch includes the head of state, such as a president or prime minister, and their appointed officials. Finally, the judicial branch interprets the laws and ensures that they are applied fairly and justly. It includes the court system, with the Supreme Court being the highest authority in interpreting the constitution.

Each of these branches has checks and balances on the others to prevent any one branch from becoming too powerful. For example, the legislative branch can pass laws, but the executive branch can veto them. The judicial branch can declare laws unconstitutional, but the other two branches can appoint and confirm judges. This system of separation of powers helps to protect against tyranny and ensure the protection of citizens' interests and liberties.

In addition to the separation of powers at the federal level, written constitutions may also include provisions for the distribution of powers between the national and state governments, known as federalism. This allocation of power ensures that the federal government has limited powers, while the states retain certain authorities, such as general police power.

Judicial review

A constitution is the basic law and general plan of government or a people within a country. The purposes, powers, and limitations of government are prescribed in the constitution, which acts as a framework for organising and conducting the government of a country. Constitutions vary in length, design, and complexity, but all of them have at least seven common attributes:

• A statement of the purposes of government, usually in a preamble
• Specification of the structure of government
• Enumeration, distribution, and limitation of powers among the legislative, executive, and judicial functions of government
• Provisions about citizenship
• Guarantees of human rights
• Means of electing and appointing government officials
• Procedures for amendment

The terms "written constitution" and "codified constitution" are often used interchangeably, as are "unwritten constitution" and "uncodified constitution". However, this usage is technically inaccurate. A codified constitution is a single document, while an uncodified constitution is not entirely unwritten and usually includes written laws and unwritten sources such as constitutional conventions, observation of precedents, customs, and traditions.

Federalism

In the U.S. context, federalism emerged as a solution to the challenge of creating a national government out of a group of independent states. The U.S. Constitution, drafted in 1787, established a national government with executive, judicial, and legislative powers, while also allowing the states to retain significant autonomy. The specific powers conferred by the Constitution are subject to limitations outlined in the document, and the Supreme Court plays a key role in interpreting the Constitution and ensuring that government actions do not exceed its scope.

A key feature of federalism is the existence of a noncentralized party system, where power is shared or distributed across different levels of government. In the U.S., the two-party system at the national level is made up of coalitions of state parties, which may be dominated by specific local party organizations. This noncentralization is further supported by the existence of different systems of law in the constituent polities, as seen in the U.S. where each state's legal system is influenced by English common law, while federal law binds the states together.

The permanence of internal boundaries is another characteristic of successful federal systems. While boundary changes can occur, they are generally rare and require the consent of the polities involved. Federal theorists argue that for popular government and federalism to function effectively, the constituent polities must have a substantial influence on the constitutional amendment process. This is reflected in the U.S. Constitution, where amendments require ratification by three-fourths of the states.

Overall, federalism in the context of a written constitution, such as the U.S. Constitution, involves a system of government that distributes power across different levels, allowing for both national authority and state autonomy, with the specific powers and limitations outlined in the constitution itself.

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Amendments

In the context of the United States Constitution, the amendment process is well-defined and consists of two steps: proposal and ratification. A proposed amendment must be adopted either by Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by two-thirds of the state legislatures. The second step involves ratifying the amendment, which requires the approval of three-fourths of the states, typically through the consent of state legislatures.

The United States Constitution, the oldest written constitution still in use, has undergone numerous amendments since its ratification in 1788. The original document consisted of a preamble, seven articles, and has since been amended twenty-seven times. The amendments address various aspects of the constitution, such as the relationship between the federal and state governments and the powers of the different branches of government.

Written constitutions vary in their length, complexity, and design, but they typically include provisions for amendments. This feature ensures that the constitution can evolve and adapt to the changing needs and circumstances of the nation. The process of amending a written constitution is generally more formal and rigorous than that of an unwritten constitution, providing stability and continuity while allowing for necessary changes.

Unwritten constitutions, such as those of the United Kingdom, New Zealand, and Israel, are composed of various legislative acts, court decisions, and customs. While they lack a single codified document, they can still undergo amendments through changes in their underlying components. However, uncodified constitutions may have limited protection against unilateral amendments by the government, as there is no single document to amend.

Ratification

In the context of the United States Constitution, the ratification process played a pivotal role in its formation and subsequent amendments. The original U.S. Constitution, drafted in 1787, required ratification by nine out of the 13 existing states to come into effect. This was achieved on June 21, 1788, when New Hampshire became the ninth state to ratify the document, marking a significant milestone in the nation's history.

The process of ratification can be complex and lengthy. In the case of the U.S. Constitution, the journey to ratification was arduous. The document was signed by 38 out of 41 delegates present at the Constitutional Convention, reflecting broad support. However, achieving the required number of state ratifications took time and lobbying efforts. Alexander Hamilton and James Madison played crucial roles in advocating for ratification, even publishing "The Federalist Papers" to explain and defend the proposed new government structure.

The ratification process also addressed concerns raised by some states about the lack of protection for certain rights. The Massachusetts Compromise, reached in February 1788, stipulated that amendments would be proposed to protect rights such as freedom of speech, religion, and the press. This compromise was instrumental in securing ratification from states with these concerns.

The amendments resulting from the Massachusetts Compromise, known as the Bill of Rights, were subsequently ratified by the states. This process took time, and the Bill of Rights became part of the Constitution at the end of 1791. It is worth noting that the Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document.

In summary, ratification is a vital aspect of the amendment process for written constitutions. It ensures legitimacy and broad acceptance of constitutional changes. The U.S. Constitution's ratification process, while challenging, ultimately led to the establishment of a new form of government and the inclusion of essential rights protections.

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