Simone Lawson
Constitutions play a significant role in shaping and controlling social behaviour. They are the foundation of a country's legal system, outlining the core values and principles that govern a society. For example, the US Constitution, as explained by Alexander Hamilton, serves as an intermediate body between the people and their legislature, ensuring that representatives act within the authority granted by the Constitution. This highlights the role of constitutions in controlling the behaviour of those in power. Furthermore, constitutions are instrumental in establishing norms and conventions that influence social behaviour. These norms, such as the separation of powers, are implemented through practices and interpreted by courts, shaping societal expectations and controlling behaviour. While constitutions aim to promote social control and resolve disputes, critics argue that they can also lead to social dysfunction, repression, and the limitation of individual rights. The impact of constitutions on social behaviour is complex and multifaceted, and their effectiveness depends on various political, social, and intellectual conditions.
| Characteristics | Values |
|---|---|
| Codifies core values of the people | Freedom of religion, speech, equal treatment, and due process of law |
| Provides a framework for the judiciary | Federal courts act as an "intermediate body between the people and their legislature" |
| Ensures accountability | All persons, institutions, and entities are accountable to the law |
| Promotes social control | Resolves value conflicts, settles disputes, and ensures rulers follow rules |
| Concretizes values into practices | Separation of powers, advice and consent |
| Commands respect and allegiance | Normative nature of the Constitution |
| Contingent on social and political conditions | Reflects societal norms, cultures, traditions, and expectations |
| Arbitrary | Represents one of many possible interpretations of constitutional text |
| Dysfunctional at times | Can be used to repress individuals, limit rights, and deny equal access to justice |
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What You'll Learn
Courts interpret and enforce rules
The interpretation and enforcement of rules are essential functions of the courts within a constitutional system. This system operates on a principle of "checks and balances", where the legislative, executive, and judicial branches are formally separate yet often required to cooperate. The judicial branch, through courts and judges, plays a crucial role in maintaining the rule of law and resolving disputes.
Courts provide a peaceful mechanism for resolving conflicts that individuals or entities cannot settle themselves. They ensure fairness and impartiality in the application of the law, contributing to public confidence in the judiciary. Judges are responsible for interpreting and enforcing rules by following court procedures without bias or influence from public opinion or personal beliefs. This impartial interpretation and enforcement of rules are crucial for businesses, which rely on courts to protect their contractual and property rights.
The enforcement of judicial orders is a key aspect of ensuring compliance with court decisions. While courts can punish disobedience using contempt powers, they may occasionally need assistance from the executive branch. For example, in cases of resistance to civil rights laws, presidents have used federal troops or the National Guard to enforce court-ordered desegregation, as in the Little Rock Nine case.
The interpretation and enforcement of rules by courts can also involve complex interactions between various actors within the legal system. Judges in higher courts play a significant role in shaping legal conventions, but other legal officials, agencies, and law enforcement officers also contribute to the formation and enforcement of legal norms. This dynamic was evident in the Alabama school integration case, where judges, the executive branch, and the National Guard worked together to enforce court orders.
Ultimately, the courts' interpretation and enforcement of rules are vital for maintaining social order and ensuring fairness in society. The judiciary's independence and commitment to impartiality inspire confidence in the rule of law, encouraging compliance with court decisions. While challenges and controversies may arise, the courts' ability to interpret and enforce rules provides a foundation for a just and stable social environment.
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Informal social control
One key aspect of informal social control is the internalization of normative standards for conduct. Individuals learn and adopt the behavioural standards and norms of their society, which shape their attitudes, actions, and boundaries for behaviour. For example, families may teach children that gaining the support and love of others requires treating others with respect and care. This form of informal social control instils widely accepted behavioural standards and helps prevent anomie and anarchy.
At a micro-level, informal social control can be observed through nonverbal communication and interpersonal interactions. This may include familial disapproval, community vigilance, or social norms that guide behaviour without overt enforcement. For example, some individuals may voluntarily use recycling bins, refrain from jaywalking, or follow parking regulations without the need for formal laws or punishments.
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Equality before the law
The concept of equality before the law has evolved over centuries, with roots in the Bible, the Magna Carta, and the Universal Declaration of Human Rights. It holds that all individuals must be equally protected by the law and that no person or group should be privileged above others. This means that those in power are equally accountable for their actions and are subject to the same laws as their citizens. For example, the Australian Constitution, while not explicitly mentioning "equality before the law," is founded on the broader concept of the rule of law, which encompasses equality.
The United States Constitution's Fourteenth Amendment has also played a significant role in advancing gender equality, as highlighted by Justice Ruth Bader Ginsburg. She noted how the phrase "We, the People" has become more inclusive over time, reflecting the evolving nature of women's roles in society and their legal advancements toward equal treatment. Similarly, in the 1970s, Ginsburg challenged laws that discriminated against husbands of servicewomen in the American Civil Liberties Union's Women's Rights Project.
Despite these advancements, it's important to acknowledge that formal legal equality may not be sufficient to achieve actual social equality. Some feminist perspectives argue that an ideal of formal equality could penalize individuals who don't conform to specific norms, while an ideal of different treatment may reinforce stereotypes.
Overall, equality before the law is a crucial aspect of social behaviour, aiming to ensure fairness, justice, and equal protection for all individuals under the law, regardless of their characteristics or social standing.
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The Constitution's role in shaping social behaviour
The constitution plays a significant role in shaping social behaviour by establishing a set of rules and principles that guide societal norms, values, and expectations. It serves as the foundation for laws and policies that influence how individuals interact and conduct themselves within a society.
One of the primary roles of the constitution is to protect fundamental rights and freedoms, such as freedom of religion, speech, equal treatment, and due process of law, as exemplified in the Bill of Rights. These rights shape social behaviour by setting standards for acceptable conduct and ensuring that individuals are treated with dignity and respect, regardless of their background or beliefs.
Additionally, the constitution helps to shape social behaviour by defining the roles and responsibilities of government institutions, including the judiciary. An independent judiciary, as advocated by Alexander Hamilton in the Federalist Papers, acts as an "intermediate body between the people and their legislature," ensuring that representatives' actions align with the authority granted to them under the Constitution. This checks and balances system promotes accountability and prevents the abuse of power, thereby influencing societal behaviour by establishing norms of good governance.
Constitutional norms, or conventions, further contribute to shaping social behaviour. These norms are akin to conventions of etiquette, translating abstract principles into concrete practices. For example, the separation of powers and concepts like "advice and consent" guide the behaviour of governmental agents, ensuring coordination and preventing overreach by any single branch of government.
Furthermore, the constitution's impact on social behaviour can be observed through its influence on the legal system's function. The law, as a formal means of social control, aims to shape citizen behaviour to conform to societal norms and values. Courts interpret and enforce laws, resolving disputes and ensuring that even those in power are subject to the rules. However, it is important to acknowledge that the law can sometimes fall short of its intended purpose, as noted by Lippman, who refers to the "dysfunctions of law," where it may fail to protect individuals, reflect biases, or be used as an instrument of repression.
Overall, the constitution plays a pivotal role in shaping social behaviour by providing a framework for laws, norms, and values that guide individual conduct and governmental actions. It promotes certain behaviours and discourages others, influencing how people interact and function within society.
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The relationship between constitutional norms and the Constitution
Constitutional norms, in this sense, are like conventions of etiquette that give substance to abstract concepts. They command respect and allegiance, and their legitimacy stems from the Constitution itself. These norms are also flexible and can change over time as they are shaped by various actors within the legal system, such as judges, legal officials, agencies, and police officers.
On the other hand, the relationship between constitutional norms and the Constitution can be understood through strategic approaches that view norms as coordinating the behaviour of governmental agents. This game-theoretic perspective focuses on the functional role of norms in ensuring compliance with the Constitution. However, this view often lacks a broader context and fails to distinguish between political and constitutional norms.
The existing literature, therefore, struggles to provide a general theory of constitutional norms that explains their functions, features, and relationship to the Constitution comprehensively. While some theories focus on the concrete practices and behaviours that emerge from constitutional norms, others emphasise the strategic role of norms in maintaining the integrity of the Constitution.
In conclusion, the relationship between constitutional norms and the Constitution is intricate and multifaceted. Constitutional norms both emerge from and give shape to the Constitution, influencing societal behaviour and ensuring compliance with the nation's fundamental law. The dynamic nature of this relationship allows for the flexibility and interpretation of constitutional norms over time, reflecting the complex interplay between legal principles and societal values.
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Frequently asked questions
The constitution is a nation's fundamental law. It codifies the core values of the people. In the US, the Constitution is based on a series of essays, known as the Federalist Papers, published by Alexander Hamilton, James Madison, and John Jay.
The constitution plays a role in controlling social behavior by setting out the core values of a nation and its people. It provides a framework for laws and legal rules, which are a formal means of social control. These laws aim to shape citizen behavior to conform to societal norms, cultures, traditions, and expectations.
Laws provide a formal structure to guide and control the behavior of citizens. Courts interpret and enforce these rules, ensuring citizens follow them. Laws are designed to resolve value conflicts, settle disputes, and apply rules that all citizens, including those in power, must obey.
No, there are limitations to the effectiveness of laws in controlling social behavior. For example, laws can be dysfunctional and harm society by limiting individual rights and repressing certain groups. Additionally, laws may not always keep up with social progress and can be subject to biases and economic interests.
Constitutional norms are like conventions of etiquette that give concrete practices to abstract principles. They command respect and allegiance, depending on political, social, and intellectual conditions. They are a way to understand the relationship between the Constitution and social behavior, as they emerge from the interaction of various agents and are subject to change over time.
