Isabella Carter
A written constitution is a document that outlines the fundamental principles and established precedents that determine how an entity, such as a country, is governed. It defines the procedures for lawmaking and the distribution of power, and can act as a limiter of state power by establishing fundamental rights. The two purposes of written constitutions are, therefore, to outline the principles and procedures of governance and to protect the liberties and interests of citizens by limiting the powers of the state.
| Characteristics | Values |
|---|---|
| Defines the principles upon which the state is based | E.g., the US Constitution's preamble: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity" |
| Determines the procedure for making laws and by whom | E.g., the US Constitution's Article I vests legislative power in a bicameral Congress |
| Acts as a limiter of state power | E.g., the US Constitution's privileges and immunities clause prohibits states from discriminating against citizens of other states |
| Provides a mechanism for amending the constitution | E.g., the US Constitution can be amended by a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures |
| Confers specific powers on an organization or entity | E.g., the US Constitution grants Congress the power to pass laws and the President the power to conduct foreign affairs |
| Establishes conditions for abiding by the constitution's limitations | E.g., the US Constitution requires officeholders to swear to "preserve, protect and defend" it |
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What You'll Learn
- Written constitutions are difficult to alter, requiring a consensus or supermajority to make changes
- They establish the principles upon which the state is based, the procedure for making laws, and who can make them
- They confer specific powers on an organisation or institution, with the condition that limitations are abided by
- They can act as limiters of state power, preventing rulers from crossing established lines
- They protect the personal liberty of citizens from government intrusion
Written constitutions are difficult to alter, requiring a consensus or supermajority to make changes
Written constitutions are fundamental documents that define the principles upon which a state is based, the procedure for making laws, and who has the power to make them. They are also limiters of state power, establishing boundaries that rulers cannot cross, such as protecting the fundamental rights of citizens.
Written constitutions are challenging to alter, and this is intentional. The framers of the American Constitution, for example, made it especially difficult to amend. This is to prevent a simple majority from granting excessive powers to the government, taking away the rights of minorities, or allowing those in office to extend their terms.
To amend a written constitution typically requires a consensus or supermajority, such as a two-thirds majority in both houses of Congress, followed by ratification by three-fourths of the state legislatures. This process makes the constitution an anti-majoritarian document, protecting it from easy alteration and ensuring the preservation of its core values.
However, a constitution that is too difficult to amend runs the risk of becoming obsolete over time if it is overly detailed and inflexible. Therefore, constitutions are often written with general or abstract terms that allow for changing interpretations as societal needs evolve. This balance ensures that the constitution remains relevant while also being difficult to alter, thus preserving its integrity and the principles it upholds.
The process of amending a written constitution varies across jurisdictions, with some requiring a simple majority, while others, like the United States, demand a more challenging supermajority process. This variation highlights the importance placed on the ability to adapt a constitution to changing circumstances while also maintaining its foundational principles.
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They establish the principles upon which the state is based, the procedure for making laws, and who can make them
A constitution is a set of fundamental principles that form the legal basis of a state, organisation, or other types of entities, determining how that entity is governed. A written constitution is one that is written down into a single document or set of legal documents.
Written constitutions establish the principles upon which the state is based, the procedure for making laws, and who can make them. This means that they define the core values and the character of the state, as well as outlining the process by which laws are made and who has the power to make them. For example, the US Constitution, written in 1787, establishes a bicameral legislature, with the House of Representatives and the Senate making up the two chambers. It also establishes that the members of the House of Representatives are elected for two-year terms and that the Senate is composed of two senators from each state, serving six-year terms.
Written constitutions also often act as limiters of state power, by establishing lines that a state's rulers cannot cross, such as by protecting the fundamental rights of citizens. For example, the US Constitution's privileges and immunities clause prohibits states from discriminating against citizens of other states in certain ways. The US Constitution also makes it difficult to amend, requiring a two-thirds majority in both houses of Congress and ratification by three-fourths of state legislatures. This makes it an anti-majoritarian document, preventing a simple majority from granting excessive powers to the government or taking away the rights of minorities.
The process of amending a written constitution often requires a consensus or supermajority, making it more stable and predictable than an unwritten constitution. This stability can provide a sense of security and continuity for citizens, knowing that their rights and freedoms are enshrined in a document that is difficult to change.
In summary, written constitutions establish the principles, procedures, and people involved in law-making, providing a foundation for the state's legal system and helping to protect citizens' rights and freedoms.
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They confer specific powers on an organisation or institution, with the condition that limitations are abided by
A written constitution is a set of fundamental principles that establish the legal basis of a state, organisation, or other type of entity, outlining how that entity is to be governed. When these principles are written down into a single document or set of legal documents, they are said to embody a written constitution.
Written constitutions confer specific powers on an organisation or institution, with the condition that limitations are abided by. This means that a constitution grants certain powers to an organisation or institution, but also places restrictions on those powers to ensure they are not exceeded or abused.
For example, in the context of a student union, the constitution may grant the organisation the power to represent and advocate for the interests of students. However, it may also include limitations, such as restricting the union's activities to those directly related to student concerns. If the union engages in activities that fall outside of these parameters, they are considered to be "beyond power" or "ultra vires".
Constitutions also act as limiters of state power by establishing fundamental rights that cannot be infringed upon. For instance, the United States Constitution includes a privileges and immunities clause, which prohibits states from discriminating against citizens of other states in certain ways. It also protects the personal liberty of citizens from intrusions by the government, such as by prohibiting ex post facto laws and bills of attainder.
By outlining the powers and limitations of an organisation or institution, a written constitution helps to ensure that those in power adhere to established guidelines and principles, protecting the interests and liberties of those they govern.
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They can act as limiters of state power, preventing rulers from crossing established lines
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a state, organisation, or other type of entity, and determines how that entity is governed. When these principles are written down into a single document or set of legal documents, they may be said to embody a written constitution.
Written constitutions can act as limiters of state power, preventing rulers from crossing established lines. They establish lines that a state's rulers cannot cross, such as by protecting the fundamental rights of citizens. For example, the US Constitution's privileges and immunities clause prohibits states from discriminating in many ways against citizens of other states.
In a democracy without a written constitution, such as the United Kingdom, the legislature may pass laws granting or taking away any rights, or even changing the structure of the government itself. A written constitution, on the other hand, is more difficult to alter and can prevent a majority from granting tyrannical powers to the government or taking away the rights of minorities.
The Legislative Vesting Clause of the US Constitution, for instance, reflects a departure from the British legal tradition of parliamentary supremacy by providing external limitations on the power of Congress. Similarly, the Framers of the American Constitution specifically limited the federal legislative power to those powers expressly mentioned in the Constitution and the power to make all laws necessary and proper to carry out the Federal Government’s limited powers.
Additionally, the activities of officials within an organisation or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires). If their activities do not fall within this scope, they are termed "beyond power" (or, in Latin, ultra vires). For instance, a students' union may be prohibited from engaging in activities that do not concern students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter.
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They protect the personal liberty of citizens from government intrusion
A written constitution is a single document or set of legal documents that outline the fundamental principles and established precedents that constitute the legal basis of a state, organisation, or other type of entity. It determines how that entity is governed and the procedures for making laws.
Written constitutions are important because they act as limiters of state power and establish lines that a state's rulers cannot cross. They protect the personal liberty of citizens from government intrusion by establishing fundamental rights and limiting the powers of the government.
The United States Constitution, for example, includes a Bill of Rights that outlines specific protections for individual liberties. These include the right to speak and worship freely, as well as the right to be free from unreasonable government intrusion in their homes. The Fourth Amendment, for instance, requires a warrant for searches and seizures.
The US Constitution also includes a privileges and immunities clause, which prohibits states from discriminating against citizens of other states. This limits the ability of states to favour their own citizens over others with respect to certain fundamental rights.
Additionally, written constitutions can establish the importance of due process, meaning that the government must follow duly-enacted laws when restricting or denying fundamental rights. This includes a person's right to life, liberty, and property.
Overall, written constitutions are essential for safeguarding citizens' rights and liberties, ensuring that the government cannot overstep its boundaries and intrude on the personal freedom of its citizens.
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