Isabella Carter
A good constitution is often evaluated based on formal qualities such as concision, clarity, and logical coherence. A good constitution should also be just and inspire its citizens. Other important criteria include the independence of the judiciary, the inclusion of directive principles of state policy, and the declaration of fundamental rights. The quality of a constitution can be assessed by comparing it to other texts, such as previous constitutions or expert-written proposals, and evaluating it against normative criteria such as rights-heaviness and democraticity.
| Characteristics | Values |
|---|---|
| Formal qualities | Concision, clarity, logical coherence |
| Mention of Directive Principles of State Policy | Help in the establishment of a welfare state, act as a beacon for the government |
| Independence of Judiciary | The judiciary should not be under the control of the executive and should function freely |
| Inspiring |
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What You'll Learn
A good constitution should be concise, clear and logically coherent
A good constitution should be concise, clear, and logically coherent. While these qualities may seem odd or unnecessary, they are essential for a document's effectiveness and longevity.
Concision is vital because lengthy and verbose constitutions can obscure clarity and hinder understanding. The European Constitutional proposal, for example, was a 300-page document that was ultimately rejected in various referendums. In contrast, the US Constitution, known for its brevity, has been praised for its concise nature, contributing to its extraordinary longevity. Empirical evidence suggests that lengthy constitutions tend to be less effective.
Clarity is another crucial aspect of a good constitution. The language used should be straightforward and easy to understand for all citizens. Obscure or ambiguous wording can lead to confusion and misinterpretation, undermining the effectiveness of the document.
Logical coherence refers to the internal consistency of the constitution. The document should present a coherent set of principles and guidelines that are well-organized and logically structured. This coherence ensures that the constitution is interpretable and enforceable, with each part contributing to a coherent whole.
Additionally, a good constitution should also be just and inspiring. It should safeguard fundamental rights and freedoms, ensuring equality and justice for all citizens. The inclusion of aspirational elements, such as references to happiness or life quality, can further add to the constitution's appeal and significance.
The Icelandic constitutional proposal of 2012 is an excellent example of these principles. It was considered an improvement over the previous constitution and expert drafts, and it included an inspiring preamble, showcasing the importance of concision, clarity, and logical coherence in a good constitution.
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It should be inspiring
A good constitution should be inspiring. This is a bonus feature of a great constitution, as seen in the case of Iceland's "crowdsourced constitution" in 2013. The proposal was evaluated as an undeniable improvement over the 1944 constitution and expert drafts in several important dimensions. It had a compelling preamble, colourful articles, and aspirations at the front, with technical details in the final chapters.
The US Constitution, known for its brevity, is also an inspiring example, with its concise and clear language contributing to its extraordinary longevity. Similarly, the inclusion of 'happiness' in the American Constitution, akin to the Gospel's message of "good news," adds an inspiring element to the document.
An inspiring constitution should also include principles that serve as a beacon for the government and society. For instance, the Directive Principles of State Policy, found in the Constitutions of India and Ireland, help establish a welfare state and guide the government's actions.
Additionally, an inspiring constitution should promote and protect fundamental rights. The independence of the judiciary is crucial, ensuring that it functions freely and safeguards the rights of the people without fear or favour. This independence allows the judiciary to act as a check on the executive branch and protect the rights and liberties outlined in the constitution.
In conclusion, an inspiring constitution is one that not only outlines the rights and responsibilities of citizens but also includes aspirational elements, such as a compelling preamble, and protects fundamental rights. It should be written in a concise, clear, and coherent manner, making it accessible and understandable to the people it governs.
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It should include Directive Principles of State Policy
A good constitution should mention Directive Principles of State Policy (DPSP) as these principles help establish a welfare state and serve as a beacon for the government. The DPSP is a set of guidelines that the government of India must follow in governing the country. They are inspired by the Directive Principles in the Constitution of Ireland, which relate to social justice, economic welfare, foreign policy, and legal and administrative matters. The DPSP is also included in the Constitution of India, which contains a declaration of Fundamental Rights and the independence of the judiciary.
The DPSP is classified under various categories, including economic and socialistic, political and administrative, justice and legal, environmental, protection of monuments, and peace and security. These principles aim to create social and economic conditions that allow citizens to lead good lives and establish social and economic democracy through a welfare state. They are not enforceable by law or any court but are considered fundamental in governance. It is the duty of the state to apply these principles in making laws and guiding all executive agencies of the union and states.
Articles 38 and 39 of the DPSP outline specific directives for the state. Article 38 states that the state shall strive to promote the welfare of its people by securing and protecting a social order that ensures social, economic, and political justice, and by minimizing inequalities in income, status, facilities, and opportunities. Article 39 further specifies that the state shall direct its policies towards securing an adequate means of livelihood for all citizens, organizing the ownership and control of material resources to serve the common good, avoiding the concentration of wealth in a few hands, ensuring equal pay for equal work for men and women, protecting the strength and health of workers, and preventing the exploitation of childhood and youth.
The DPSP has been amended over time to include additional directives. For example, the 42nd Constitutional Amendment in 1976 introduced Article 39A, which provides for free legal aid to the poor, Article 43A, which addresses the participation of workers in the management of industries, and Article 48A, which aims to protect and improve the environment. The 44th Constitutional Amendment in 1978 further emphasized the state's role in minimizing economic inequalities and eliminating inequalities in status, facilities, and opportunities not just among individuals but also among groups.
In conclusion, the inclusion of Directive Principles of State Policy in a constitution is essential as it provides guidance to the government and helps establish a welfare state that promotes the social and economic well-being of its citizens. The DPSP in India, influenced by Ireland's Constitution, serves as a comprehensive framework for governance, with additional articles introduced over time to address emerging societal needs.
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It should ensure the independence of the judiciary
A good constitution should ensure the independence of the judiciary. This means that the judiciary should not be under the control of the executive branch and should be free to function without fear or favour. The judiciary should act as the guardian of the fundamental rights of the people, upholding the rule of law and ensuring that the government acts within the boundaries set by the constitution.
An independent judiciary is crucial for maintaining the checks and balances in a system of government and protecting the rights of citizens. It provides a mechanism for resolving disputes and interpreting the laws of the land, ensuring that the government does not overstep its powers and that the rights of individuals and minorities are protected.
In a well-functioning democracy, the judiciary should be impartial and free from political influence. This means that judges should be appointed through a merit-based process and should enjoy security of tenure, free from the threat of removal or retaliation for their decisions. The judiciary should also have the necessary resources and authority to carry out its functions effectively, including the power to review the actions of the executive and legislative branches and declare their actions null and void if they are found to be unconstitutional.
The principle of the independence of the judiciary is well-established in democratic constitutions around the world. For example, the Indian Constitution explicitly mentions the independence of the judiciary as one of its fundamental principles, and the US Constitution has been praised for its brevity and the establishment of an independent judiciary.
In conclusion, an independent judiciary is a crucial pillar of a good constitution. By ensuring the separation of powers and safeguarding the rights of citizens, an independent judiciary helps to maintain the balance of power and prevent the abuse of power by the state. It is, therefore, an essential feature of any democratic society.
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It should be flexible and realistic
A good constitution should be flexible and realistic. This means that it should be adaptable to changing circumstances and contexts, and it should also be grounded in reality, taking into account the feasible and plausible.
The Icelandic “crowdsourced constitution” is an example of a flexible and realistic constitution. It was an improvement on the 1944 constitution and was designed to be inspiring, with a focus on the colourful articles and aspirations at the front, and the more technical aspects towards the end. This constitution was almost implemented in 2013, showing that it was a realistic proposal that came close to becoming the law of the land.
Flexibility in a constitution can also be seen in the ability to amend it over time. For example, the Constitution of India has been amended 52 times since 1986, demonstrating its adaptability to changing needs and contexts.
A realistic constitution should also consider the inclusion of Directive Principles of State Policy. These principles help establish a welfare state and serve as a guide for the government. They are included in the Constitutions of India and Ireland, and provide a realistic framework for governance.
In summary, a good constitution should be flexible and adaptable, allowing for amendments and changes over time. It should also be realistic, taking into account the feasible and plausible, and including principles that provide a practical framework for governance. By being flexible and realistic, a constitution can remain relevant and effective in a changing society.
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