Eleanor Finch
A constitution is a set of fundamental principles or laws that determine how a country, state, or organization is governed. It outlines the basic rules and structure of a government, including the distribution of power and the guarantee of certain rights for its citizens. Constitutions can be codified, meaning they are written down in a specific document called the constitution, or un-codified, where the principles are found in various fundamental acts, court cases, and treaties. The process of drafting a constitution can vary, with some taking extreme lengths of time, while others are drafted in a matter of weeks. The term constitution originates from the Latin word constitutio, which was used for regulations and orders. Today, constitutions are essential frameworks that shape the legal and political landscape of nations, states, and organizations worldwide.
| Characteristics | Values |
|---|---|
| A set of fundamental rules that determine how a country or state is run | Rules include how power is distributed between the three branches of government, and between national and state levels of government |
| The basic principles and laws of a nation, state, or social group | Determines the powers and duties of the government and guarantees certain rights to the people |
| The supreme law of the land | Provides a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order |
| Safeguards fundamental rights | Ensures democracy by giving every person over 18 the right to vote, ensuring regular elections and a multi-party system of government |
| Sets out how the government will be accountable to the people who elect it | Describes how the government is formed, how it is elected, and how it functions |
| Protects democracy | Separates state power into three arms: the legislature, the executive, and the judiciary |
| Stresses the need to create an open and democratic society | Emphasises dignity, justice, and equality |
| A passionate introductory statement | Sets out the purpose of the constitution |
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What You'll Learn
- A constitution is a set of fundamental rules that determine how a country or state is run
- Most constitutions are codified, meaning they are written down clearly in a specific document
- The constitution protects democracy by separating state power into three arms: the legislature, executive, and judiciary
- The constitution guarantees democracy by giving every person over 18 the right to vote
- The constitution is the supreme law of the land, providing a framework for the functioning of the government
A constitution is a set of fundamental rules that determine how a country or state is run
The process of amending a constitution is generally more difficult than passing ordinary legislation, reflecting the fundamental importance of the rules it sets out. For example, in the United States, passing constitutional amendments requires a two-thirds majority in both houses of Congress, followed by approval from three-quarters of the states. Similarly, South Africa's Constitution emphasises the need for an "open and democratic" society, stressing values such as dignity, justice, and equality.
The constitution serves as the supreme law of the land, providing a framework for the functioning of the government, safeguarding individual liberties, and maintaining social order. It often includes a preamble that sets out its purpose, followed by a detailed description of how power is distributed among the branches of government and between national and state levels. For instance, the Indian Constitution, one of the longest and most detailed in the world, establishes a three-tier government with power divided among the central, state, and local governments, thus promoting participatory democracy and grassroots development.
Non-state entities, such as companies, may also have constitutions that outline their purpose and the ground rules for their operation. These constitutions provide a framework for the organisation's governance and decision-making processes, contributing to its overall functioning and structure.
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Most constitutions are codified, meaning they are written down clearly in a specific document
A constitution is a set of fundamental rules that determine how a country or state is run. Constitutions are typically "codified", meaning they are written down clearly in a specific document called "the constitution". The process of codification ensures that the rules and principles outlined in the constitution are easily accessible and well-defined.
The majority of nations with constitutions have them in written form, such as the United States Constitution. The US Constitution, for example, was drafted in Philadelphia in 1787, ratified in 1788, and put into effect in 1789. It established a strong central government, uniting its citizens under a single set of laws and principles.
The written nature of codified constitutions provides several advantages. Firstly, it ensures clarity and precision in the formulation of the rules and principles that govern a nation. This clarity helps to prevent ambiguity and promotes a consistent understanding of the constitution among citizens and government officials. Secondly, a written constitution serves as a permanent record, allowing for easy reference and accessibility. It enables citizens to familiarise themselves with their rights and responsibilities, fostering a more informed and engaged citizenry.
Additionally, codified constitutions often include a preamble or an introductory statement that sets out the purpose and intent of the constitution. This introductory section provides context and outlines the underlying values and principles that guide the nation. Moreover, codified constitutions typically outline the distribution of power among the branches of government, such as the legislature, executive, and judiciary, ensuring a clear separation of powers.
However, it is important to note that some countries, such as Israel, New Zealand, and the United Kingdom, have "un-codified" constitutions. In these cases, the constitution is not written down in a single document but is based on various sources, including traditions, legal rulings, and multiple pieces of legislation. The United Kingdom's uncodified constitution, for example, vests ultimate authority in parliament, allowing it to "make or unmake any law".
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The constitution protects democracy by separating state power into three arms: the legislature, executive, and judiciary
A constitution is a set of fundamental rules that determine how a country or state is run. It outlines the basic principles and laws of a nation, state, or social group, and details the powers and duties of the government, guaranteeing certain rights to the people. Constitutions are usually "codified", meaning they are written down in a specific document called "the constitution". However, some countries, such as the United Kingdom, have "uncodified" constitutions that are not written down in a single document.
The constitution plays a pivotal role in understanding the political, social, and economic spheres of a country. It serves as the supreme law of the land, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order. The constitution of a country outlines the powers and responsibilities of government institutions, safeguards fundamental rights, and outlines the principles of governance.
The separation of powers is a key principle within many constitutions, including the United States Constitution. This principle, coined by 18th-century philosopher Montesquieu, divides the government into three branches: the legislature, the executive, and the judiciary. Each branch has separate and independent powers, ensuring that no single branch holds all the political power or becomes absolute.
In the US system, the Legislative Branch is established in Article 1 of the Constitution and consists of Congress, which is responsible for creating laws. The Executive Branch is established in Article II, with power vested in the President of the United States. The President has the power to sign bills into law, acting as a check on the Legislative Branch. The third branch, the Judiciary, is established in Article 3 and consists of the Supreme Court, which interprets the laws passed by the Legislative Branch and can declare laws unconstitutional.
The separation of powers protects democracy by preventing any one branch from dominating or controlling the government. Each branch has the ability to "'check'" the actions of the other branches, creating a system of checks and balances. This system ensures that the life, liberty, and pursuit of happiness promised to citizens are protected. It also allows each branch to perform its tasks efficiently and effectively, promoting good governance and safeguarding the rights and freedoms outlined in the constitution.
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The constitution guarantees democracy by giving every person over 18 the right to vote
A constitution is a set of fundamental principles and laws that determine how a country or state is governed. It outlines the powers and duties of the government and guarantees certain rights to the people. Most constitutions are "codified", meaning they are written down in a specific document called "the constitution". However, some countries, such as the United Kingdom, have "uncodified" constitutions that are not neatly written down in a single document. The authority to alter the UK constitution ultimately lies with parliament.
The constitution plays a pivotal role in understanding the political, social, and economic landscape of a country. It serves as the supreme law of the land, providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order. The constitution of a country guarantees democracy by upholding certain rights and freedoms, such as freedom of opinion, expression, and the press. It also ensures that the authority of the majority is limited so that the rights of individuals and minorities are respected.
In a constitutional democracy, all citizens are equally entitled to participate in the political system. This includes the right to vote, which is a fundamental aspect of democracy. The constitution guarantees that every person over the age of 18 has the right to vote, regardless of caste, race, religion, sex, literacy, or wealth. This universal adult franchise is a key feature of democratic elections, ensuring that all citizens have an equal say in choosing their representatives.
By giving every person over 18 the right to vote, the constitution promotes political equality and ensures that the government is representative of the people. It empowers citizens to have a direct say in the decision-making process and hold their leaders accountable. Regular elections, as provided for in the constitution, ensure peaceful leadership succession and allow for a peaceful transfer of governmental authority.
The constitution also guarantees other fundamental rights, such as life, liberty, and property, which are protected by the due process of law. These rights may also include social and economic rights, such as employment, healthcare, and education. By guaranteeing these rights, the constitution further strengthens democracy by ensuring that the government works for the benefit of all citizens and protects their basic freedoms.
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The constitution is the supreme law of the land, providing a framework for the functioning of the government
A constitution is a set of fundamental rules that determine how a country or state is run. Constitutions are usually "codified", meaning they are written down clearly in a specific document called "the constitution". However, some countries, such as the United Kingdom, have "uncodified" constitutions that are not written down in a single document.
The constitution's role as the supreme law of the land means that it takes precedence over all other laws in the nation. This is explicitly stated in some constitutions, such as in Section 2 of Chapter 1 of South Africa's Constitution, which asserts the "Supremacy of Constitution" and declares that any law or conduct inconsistent with it is invalid. This supreme status of the constitution is a crucial feature of democracies, as it ensures that the government's power is properly shared and balanced between the different branches, such as the executive, the legislature, and the judiciary.
The constitution's framework for the functioning of the government involves outlining the government's powers and responsibilities, as well as the limits to these powers. It establishes a system of checks and balances by separating state power into three main branches: the legislature, the executive, and the judiciary. The legislature makes and passes laws, the executive implements these laws and makes policies, and the judiciary interprets and administers justice, trying cases in court. This separation of powers ensures that no individual or branch of government has absolute power and that the government functions within the boundaries set by the constitution.
The constitution also plays a crucial role in safeguarding democracy and protecting the rights of citizens. It guarantees certain fundamental rights and freedoms, such as freedom of speech, expression, and the press, and ensures that all citizens have the right to vote. By outlining the government's responsibilities and accountability to its citizens, the constitution provides a framework for a functioning and accountable government that serves the people.
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