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The Constitution - Assignment

   

Added on  2021-06-10

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Registration No: Word Count: 1516The Constitution is to bind every citizen & ordinary law-making institutions of the stateThe massive mainstream of modern constitutions enshrines the condition's elementaryideologies, government structures and actions, and citizens' fundamental rights in a advancedlaw that cannot be altered unilaterally by ordinary law making act. A constitution is the namegiven to this higher law. The contented and nature of a constitution, as well as in what way itinteracts with the respite of the lawful and politically aware order, differ significantly amongrepublics, and there is no widespread and undisputed meaning of a constitution 1. Somewhatcommonly acknowledged working meaning of a constitution will most credibly define it as agroup of basic legal-political laws that,are obligatory on every person in the country,counting regular law-making establishments,apprehension the assembly and process ofgovernment institutions, political principles, and citizen privileges,are more difficult tochange than regular laws (two-thirds majority vote or a referendum are required), the globallystandard requirements for a self-governing organization in standings of illustration andhuman rights at a minimum. Citizens' rights and responsibilities can be declared and definedby constitutions. The majority of constitutions contain a declaration of citizens' basic rights.At a bare least, these will comprise the fundamental public rights required for a free and self-governing culture, such as the freedoms of thought, speech, association and assembly; dueprocess of law and freedom from arbitrary arrest or unlawful punishment2.The Constitution determines the parameters of the structure of powerConstitutions can create and regulate the community's politically aware establishments byspecifying the various government institutions, prescribing their configuration, controls, andpurposes, and governing their relationships. Constitutions virtually always establishlegislative, executive, and judicial branches of government. There may also be arepresentative head of country, organizations to ensure the political process' honesty such asan election commission, and establishments to safeguard those in control's accountability andtransparency such as auditors, a court of accounts, a human rights commission, or anombudsman. Institutional provisions usually include instruments for democraticallyallocating and peacefully transferring power such as elections as well as instruments forlimitation and elimination of those who misuse power or have lost the people's trust such asimpeachment procedures, motions of censure3. In order to protect self-governing proceduresand basic human rights, a bureaucratic constitution establishes the lawful and politicallyaware systems of community organizations, as well as the lawful restrictions of governmentauthority. Different deposits of government or sub-state societies may share or split powerunder constitutions. For the allocation of power between provinces, regions, and other sub-state groups, many constitutions create federal, quasi-federal, or decentralized processes 4. As1 What Is a Constitution? Principles and Concepts, International IDEA by Elliot Bulmer, 2017 International Institute for Democracy and Electoral Assistance Second edition. First published in 2014 by International IDEA.2Gabriel Negretto, Constitution-making and liberal democracy: The role of citizens and representative elites,International Journal of Constitutional Law, Volume 18, Issue 1, January 2020, Pages 206–2323 What Is a Constitution? Principles and Concepts, International IDEA by Elliot Bulmer, 2017 International Institute for Democracy and Electoral Assistance Second edition. First published in 2014 by International IDEA.4 A Practical Guide to Constitution Building: An Introduction, Winluck Wahiu, International Institute for Democracy and Electoral Assistance (International IDEA), 2011, p.1-76

legal gadgets, constitutions are, A constitution "marries power with justice" (Lutz 2006: 17),ensuring that power is exercised in a predictable manner, upholding the rule of law, andlimiting power's arbitrariness. It is the highest commandment of the country, and itestablishes the requirements that regular laws must meet5. The Constitution embodies political ideologies, historical traditions & rights of Citizensunpredictability refers to rulers' ability to rule will fully that is, with comprehensive decisionand to aid their own benefits rather than the interests of the governed. The Constitution triesto mitigate these risks by establishing framework that regulate who can rule, how, and forwhat tenacities. In this sense, a constitutional order is defined as a fundamental commitmentto the constitution's norms and processes, as manifested in behaviour, practice, andinternalization of those norms.The constitutional command is much more than just amanuscript of the constitution. Customs, conventions, standards, cultures, administrativestructures, party systems, and judicial decisions all play a role in how the constitution worksin practice. It is extremely difficult to achieve this level of cultural internalization of aconstitutional order6. Constitutions should declare and designate the political community'sborders. These boundaries may be territorial, such as a state's geographical borders, as well asclaims to other territories, extraterritoriality, and personal/citizenship rights. Constitutionsshould announce and designate the politically aware group's nature and specialist. TheConstitution often state the state's basic principles and norms, as well as the extent to whichthe state's authority ranges. Some constitutions, particularly codified constitutions, act asrestraints on state power by creating lines that the rulers of a state cannot cross, such asfundamental rights.The Constitution is based on widespread public legitimacyConstitutions may be used to express a nation's identity and values. Constitutions, ascountry’s structuring gadgets, should designate the national flag, anthem, and other symbols,as well as make announcements about the nation's values, history and identity. In otherwords, constitutionalism authorizes genuine establishments to act for the communitybetterment in the administration of communal issues while defending citizens from thesubjective power of leaders who would otherwise use their authority for their own profitrather than the community betterment, and the fact that The constitution guarantees that thegovernment does not own the state, rather, it manages it on behalf of citizens under theauthority of higher laws. Citizens are deciding that certain rights, principles, values,institutions, and procedures are moreover significant to be left to the whims of those inpower, and that they should be enshrined in a manner that makes them enforceable by thegovernment. People in such a system live under a government of worldwide regulations builton comprehensive civic agreement, and they are free from the ruler’s subjective acts 7.According to Ackerman 1993 Constitution-making necessitates a wider consensus as well asa better inclination to put direct self-interest aside for the betterment of long-term civic ethics.Constitutionalism, in principle, transforms the country into a community entity, a mutualownership of all residents, rather than the ownership of one person, party, or segment of5 Lutz, Donald S., Principles of Constitutional Design (Cambridge: Cambridge University Press, 2006)6Bellamy, Richard. "Constitutionalism".Encyclopedia Britannica, 30 Jul. 2019, https://www.britannica.com/topic/constitutionalism. Accessed 22 March 2021.7 Andrei Marmor, "Are Constitutions Legitimate?," 20 Canadian Journal of Law and Jurisprudence ( January 2007)

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