Simone Lawson
A constitution is a document that outlines the basic rules governing a society. It defines the framework of the government, including the distribution of power between its branches and the relationship between national and state levels of government. Constitutions also guarantee certain basic rights enjoyed by individual citizens. They are often codified, meaning they are written down clearly in a specific document, but some countries, such as the United Kingdom, have uncodified constitutions that are not found in a single document. The functions of a constitution include providing a framework for the government, protecting individual liberties, and serving as the supreme law of the land.
| Characteristics | Values |
|---|---|
| Written down clearly in a specific document | Almost all constitutions are “codified” |
| Introductory statement | Preamble |
| Description of how power is distributed between the three branches of government | Legislative, executive, and judiciary |
| Description of how power is distributed between national and state levels of government | Relationship of the states to the Federal Government |
| Basic rules governing a society | The constitution is the supreme law of the land |
| Set out the purpose of a non-state body, such as a company | Set out the purpose of the company as well as the ground rules by which it is to be run |
| Protected by a legal body | A constitutional court |
| Difficult to amend | Amendments are appended to the document |
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What You'll Learn
The three branches of government
A constitution is a document that outlines the functions of a government and how it operates. It establishes the rules and principles that govern a nation, and in some cases, it is protected by a legal body that can interpret and enforce it. For example, in the United States, the Constitution consists of a preamble and seven articles that outline the structure and operations of the government.
The legislative branch, also known as Congress, is responsible for making laws. It consists of two houses: the House of Representatives and the Senate. This branch has the power to pass federal laws, confirm or reject the president's nominees, and even remove the president from office in exceptional circumstances.
The executive branch is led by the president and includes the vice president, executive departments, independent agencies, and other boards and commissions. This branch is responsible for enforcing the laws created by the legislative branch. The president can veto legislation, nominate heads of federal agencies and high court appointees, and advise on important matters.
The judicial branch, on the other hand, interprets the laws according to the Constitution. It consists of the Supreme Court, with nine justices, and lower federal courts located in each state. The Supreme Court is the highest court in the country, hearing only cases related to constitutional issues. The justices interpret the laws and ensure that the other branches are acting within their constitutional powers.
Each branch of the US government has its unique role and responsibilities, and they work together to maintain a balanced and effective governing system.
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The distribution of power
A constitution is a set of fundamental rules that govern a society. It outlines the basic framework of a government and describes how power is distributed across its branches. Constitutions are often "codified", meaning they are written down clearly in a specific document called "the constitution". However, some countries, such as the United Kingdom, have "un-codified" constitutions that are not neatly compiled in one place.
In a federal state, the constitution also determines the distribution of power between the central government and the constituent regions or states. For example, in the United States, the Constitution establishes the Federal Government as supreme, with its laws taking precedence over state and local laws. States, however, retain the authority to create and enforce their laws while respecting and enforcing the laws of other states.
Constitutions also guarantee certain basic rights and protections for individual citizens, thereby limiting the power of the government. For example, the United States Constitution includes a Bill of Rights, which restricts the powers of the government within the states and expands individual civil rights protections.
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Basic rights of citizens
A constitution is a set of fundamental principles or established precedents that govern a nation or an organisation. It outlines the functions of a government and its various branches, such as the legislative, executive, and judicial branches, and their respective powers. Constitutions are often protected by a legal body that interprets them and can declare void any acts that infringe upon the constitution.
- Freedom of speech and expression: This includes the freedom to speak, write, assemble, and petition the government without censorship or punishment based on ideas, opinions, or viewpoints. However, this right has limitations, such as in cases of violent threats or harassment.
- Freedom of religion: Citizens have the right to practise their chosen religion or belief without government interference.
- Right to privacy: This right protects individuals from unwanted intrusion into their private affairs and personal information.
- Right to equal protection under the law: All citizens are guaranteed equal treatment and protection by the law, regardless of factors such as race, gender, or religion.
- Due process rights: These rights ensure fair legal procedures and protect individuals from arbitrary denial of life, liberty, or property by the government. They include the right to a fair trial, the right to legal representation, and the right to be informed of the nature and cause of any accusations.
- Right to marry and parent children: Citizens have the freedom to marry and establish a family, as well as the right to make decisions regarding the care, custody, and control of their children.
- Freedom of association: Individuals have the right to choose whom they associate with and to assemble peacefully.
- Right to travel: This includes the freedom to travel within and between states or territories without restriction.
It is important to note that while these rights are fundamental, they are not absolute and may be limited in certain circumstances, such as when they infringe upon the rights of others or when there are compelling state interests, such as maintaining public order and safety. Additionally, while some rights may not be explicitly mentioned in a constitution, they may still be recognised as inherent parts of liberty and deeply rooted in a country's traditions and history.
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The role of a preamble
A constitution is a set of fundamental principles or established precedents that govern a nation or an organisation. Almost all constitutions are "codified", meaning they are written down clearly in a specific document called "the constitution". Constitutions are often protected by a legal body that interprets the constitution and declares executive and legislative acts that infringe upon it void.
For example, the preamble to the Constitution of the United States begins with the words "We the People", indicating that the people, rather than the states, are the source of the government's legitimacy. This preamble also includes a list of the Constitution's goals, such as establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the blessings of liberty for the nation's citizens.
The preamble helps to provide context and guidance for interpreting the specific provisions of the constitution. It outlines the values and aspirations that the constitution seeks to uphold and achieve. It serves as a reminder of the fundamental principles that underpin the nation's laws and governance.
In some cases, the preamble may also include important historical references or acknowledge the nation's past. This can be seen as a way to connect the present with the past and to recognise the evolution of the nation's governance. The preamble can also be a source of inspiration and unity, as it expresses the shared values and aspirations of the people.
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The difficulty of amendments
A constitution is a document that outlines the basic rules of a society, determining how power is distributed within a government and guaranteeing certain rights to citizens. Almost all constitutions are "codified", meaning they are written down clearly in a specific document. However, some countries, such as the United Kingdom, have "un-codified" constitutions, which are not neatly written down in one place.
The difficulty of amending a constitution reflects its fundamental importance to a nation. Amendments to a constitution are typically more challenging to achieve than passing ordinary legislation. This is because constitutions are designed to provide a stable framework for governance, and frequent or arbitrary changes could lead to instability and uncertainty.
In federal systems such as the United States, the process of amending the constitution is deliberately made challenging to ensure broad consensus and prevent hasty decisions. For instance, in the US, a proposed amendment must be approved by two-thirds of both the Senate and the House of Representatives before being sent to the state legislatures for ratification. This procedure, outlined in Article V of the US Constitution, ensures that any changes to the constitution reflect the will of a significant majority at both the national and state levels.
Additionally, some constitutions may require supermajority approval, such as three-fourths of state legislatures or conventions, to ratify an amendment. This further emphasizes the importance of consensus and ensures that amendments are not imposed by a simple majority that may not represent the broader population.
The difficulty of amending a constitution can also be observed in the United Kingdom, which has an "un-codified" constitution. While there is no single written document, any changes to the UK constitution must be made by Parliament under the principle of parliamentary sovereignty. This process is not as straightforward as passing ordinary legislation, as it involves altering the fundamental principles that govern the nation.
The varying degrees of difficulty in amending constitutions worldwide reflect the importance placed on stability, consensus, and the preservation of fundamental societal agreements. While some constitutions may be more easily amended than others, the process is generally rigorous to ensure that changes are carefully considered and broadly supported.
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Frequently asked questions
A constitution is a document that outlines the basic rules governing a society. It includes a preamble, a description of how power is distributed across the branches of government, and a guarantee of certain basic rights enjoyed by individual citizens.
The functions of a constitution are to outline the structure of the government and how it operates, including the powers of each branch, and to establish itself as the supreme law of the land. It also defines the amendment and ratification processes and outlines the relationship between the states and the federal government.
Constitutions can be either codified or uncodified. Codified constitutions are written down clearly in a specific document called "the constitution". Uncodified constitutions, on the other hand, are not found in one particular place and are instead made up of various sources, such as judicial decisions, legislation, and political practices. Examples of countries with uncodified constitutions include Israel, New Zealand, and the United Kingdom.
