Jonah Patel
A constitution is a set of fundamental principles or laws that determine how a country or state is governed. It outlines the basic rules and regulations that dictate the powers and duties of the government, guaranteeing certain rights to its citizens. Constitutions are often written documents, but some countries, like the United Kingdom, have uncodified constitutions that are not neatly compiled in one place. They are typically established after significant political changes, such as revolutions, and can be challenging to amend due to their foundational importance. The process of adopting and amending constitutions varies across countries, and they may include passionate introductory statements, descriptions of power distribution, and guarantees of fundamental rights.
| Characteristics | Values |
|---|---|
| Set of fundamental rules | Determines how a country or state is run |
| Basic principles and laws | Determines the powers and duties of the government |
| Legal basis | Guarantees certain rights to the people |
| Written instrument | Sets out the purpose of the constitution |
| Ground rules | Sets out how power is distributed between the three branches of government |
| Sets out how power is distributed between national and state levels of government | |
| Sets out how power is distributed between central, state, and local governments | |
| Can be amended, but this is usually a more difficult process than passing ordinary legislation | |
| Can be modified by appending supplemental additions (codicils) | |
| Can be modified by directly altering the text | |
| Can be a single document (codified) or multiple documents (un-codified) | |
| Can be the product of dramatic political change, such as a revolution | |
| Can be amended by a constitutional amendment | |
| Can be amended by exceptional procedures |
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What You'll Learn
How a country or state is run
A constitution is a set of fundamental rules that determine how a country or state is run. Constitutions concern different levels of organisations, from sovereign countries to companies and unincorporated associations. They are often the product of some dramatic political change, such as a revolution.
Almost all constitutions are "codified", meaning they are written down clearly in a specific document called "the constitution". However, some countries, such as the United Kingdom, Israel, and New Zealand, have "uncodified" constitutions that are not written down in a single document. For example, the UK's constitution is written in several fundamental acts of a legislature, court cases, and treaties.
A constitution usually includes:
- A passionate introductory statement that sets out the purpose of the constitution, known as a preamble.
- A detailed description of how power is distributed between the three branches of government: the legislature, executive, and judiciary, as well as between national and state levels of government.
- A guarantee of certain basic rights enjoyed by individual citizens of the country.
Constitutions may also include a set of principles that denote the ideals that the state should keep in mind while formulating policies and enacting laws. These principles seek to establish a 'welfare state' by promoting the ideal of social and economic democracy.
Constitutions are generally more difficult to amend than it is to pass ordinary pieces of legislation. This is to reflect the fundamental importance of the rules set out in the constitution.
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The process of adoption
A constitution is a set of fundamental rules that determine how a country or state is governed. Almost all constitutions are "codified", meaning they are written down in a single document. However, some countries, such as the United Kingdom, have "uncodified" constitutions that are not written in a single document but are instead found in various fundamental acts of a legislature, court cases, and treaties.
The process of adopting a constitution is closely tied to the historical and political context of the country. Codified constitutions are often the product of dramatic political change, such as a revolution. The legitimacy and longevity of a codified constitution are often tied to the process by which it is adopted, and high constitutional turnover within a country may be detrimental to the separation of powers and the rule of law.
Constitutions can be amended, but this is usually a challenging process. For example, in the United States, passing a constitutional amendment requires a two-thirds majority in both houses of Congress, followed by approval from three-quarters of the states. This process is designed to be more difficult than passing ordinary legislation, reflecting the fundamental importance of the rules set out in the constitution.
The process of amending the US Constitution is outlined in Article V. A proposal for an amendment must be adopted by either a two-thirds majority in both houses of Congress or a national convention requested by two-thirds of state legislatures. Once the proposal passes, Congress decides on the ratification method: approval from either state legislatures or state ratifying conventions. The proposed amendment and ratification method are sent to the Office of Federal Register, which submits it to the states. To date, the convention method of proposal has never been used, and the convention method of ratification has only been used once, for the Twenty-first Amendment.
The influence of a constitution can change over time as it is amended or as court decisions interpret it. For example, the United States Constitution has faced criticisms since its inception in 1787, and the country's influence has waned as other nations have created or updated their constitutions. The process of amending a constitution is critical, and exceptional procedures are often required to ensure a constitution's longevity and legitimacy.
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Amendments
A constitution is a set of fundamental principles or rules that determine how a country or state is governed. Almost all constitutions are "codified", meaning they are written down in a specific document called "the constitution". Constitutions concern different levels of organisations, from sovereign countries to companies and unincorporated associations.
The process of amending a constitution can vary depending on the country. In the United States, for example, there is a two-step process outlined in Article Five of the Constitution. An amendment must first be proposed, either by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress upon the request of two-thirds of the states. Once proposed, the amendment must then be ratified by three-quarters of the states to become part of the Constitution. This process ensures a balance between flexibility and stability in the country's governing document.
As of January 3, 2019, there have been approximately 11,848 proposals to amend the US Constitution since 1789. Of these, 33 amendments have been proposed by Congress and sent to the states for ratification. Twenty-seven of these proposals have been successfully ratified and are now part of the Constitution. The first ten amendments, known as the Bill of Rights, were ratified simultaneously on December 15, 1791. The 13th, 14th, and 15th amendments are collectively referred to as the Reconstruction Amendments.
The United Kingdom, on the other hand, has an "un-codified" constitution, meaning it is not written down in a single document. Instead, the UK constitution is composed of various fundamental acts of a legislature, court cases, and treaties. As there is no written constitution, the authority to alter or amend it ultimately lies with Parliament, under the principle of parliamentary sovereignty.
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The rule of law
A constitution is a set of fundamental rules that determine how a country or state is governed. Almost all constitutions are "codified", meaning they are written down in a specific document called "the constitution".
Accountability
Accountability refers to the government and private actors being accountable under the law. This includes the government's management of public resources and the ability of citizens to request information and bring complaints to the government without repercussions.
Just Law
Just law refers to a legal system that is clear, publicised, stable, and applied evenly. It ensures human rights, property rights, contract rights, and procedural rights. It also includes the protection of fundamental rights from public authorities, particularly the legislature.
Open Government
Open government refers to the processes by which laws are adopted, administered, adjudicated, and enforced. These processes should be accessible, fair, and efficient. This includes the availability of an effective court system and the ability of citizens to collaborate with government officials to improve the rule of law.
Accessible and Impartial Justice
Accessible and impartial justice refers to the timely delivery of justice by independent and neutral representatives who are accessible and adequately resourced. This includes the ability of courts to hear grievances voiced by minority groups or those with minority opinions, ensuring equality before the law.
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The distribution of power
A constitution is a set of fundamental rules that determine how a country or state is run. Almost all constitutions are "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 written down in a single document.
The legislature is responsible for creating and passing laws. In a constitutional government, the power to make laws is typically divided between a central government and local or state governments. This ensures that the interests of all regions and communities are considered in law-making.
The executive branch is responsible for enforcing the laws created by the legislature. This branch includes the head of state, such as a president or prime minister, and their appointed officials. The executive branch also oversees the administration of government policies and programmes.
The judiciary branch is responsible for interpreting and applying the laws passed by the legislature. This branch includes courts and judges who resolve legal disputes and determine how laws apply in specific cases. The judiciary also reviews the constitutionality of laws, ensuring they conform to the country's constitution.
In some countries, such as Sweden and Taiwan, there are additional branches of government beyond the legislature, executive, and judiciary. For example, Sweden has an administrative branch, while Taiwan operates with five separate branches of government.
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Frequently asked questions
A constitution is a set of fundamental rules that determine how a country or state is governed. It includes basic principles and laws that outline the powers and duties of the government and guarantee certain rights to the people.
A codified constitution is written down in a single comprehensive document, while an uncodified constitution is not written down in one particular place. The UK, for example, has an uncodified constitution, which is instead made up of various fundamental acts of a legislature, court cases, and treaties.
The process of creating a constitution often involves dramatic political change, such as a revolution. It is usually amended through exceptional procedures that are more stringent than those required for ordinary legislation. For example, in the US, passing a constitutional amendment requires a two-thirds majority in both houses of Congress and approval from three-quarters of the states.
