Essay on the Role and Significance of Constitutions

Not only do most governments have constitutions, but also a large number of organized groups and institutions have policies that have some constitutional impact. Why are constitutional rules popular in this institutions? Well, this is because they play a significant role in the running of these organizations. It is hard for most institutions to function without a constitution. Furthermore, Constitutions help in laying down frameworks for governments since it embodies a wider set of political ideals, values, and goals. Mostly, constitutions are entangled with less or more explicitly with ideological priorities.

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One of the most primary responsibilities of a constitution is to protect freedom. According to Ku (2016), constitution is mostly viewed as a tool which establishes and maintains a limited government. It is responsible for marking out the respective spheres of personal freedom and the government authority. It does this by defining liberties and civil rights. The constitution lays out a basic structure of the government according to which people are to be governed. Since power corrupts, constitution deals with limitations on power. This is because it restricts the abuse of power by those elected to conduct government functions (Ku, 2016).

Constitution helps in building the legitimacy of governments. For a state be recognized in the international community or perhaps to be recognized by other states it should have an effective constitution. However, what matters most is the ability of this particular state to use its constitution in building respect and compliance among its citizens. Furthermore, the constitution of a government provides a framework of separation of powers between the national government and the states governments. It also separates the national government into three sections that are the legislature, the judiciary, and the executive. Through this, the Constitution seeks to prevent concentration of power in a single place.

We have known the constitution to be a device that limits government power. However, it can also empower states. Often, the creation of new states is accompanied with the enactment of a constitution. This indicates that for these states to exist, they must have a constitution. For example, the state of India, immediately after gaining their independence adoption of its federal constitution followed. The constitution offers many benefits such as limited government, political stability and most importantly guaranteed liberties and rights.

A constitution is a tool of control since it helps states to rule her citizens and also assists the governments to control themselves. It plays a fundamental role in safeguarding human rights as stated in the Bill of Rights. Moreover, it promotes equality and social justice and ensures that the government remains accountable. The important aspect of a constitution is the fact that it remains relevant despite changing political circumstances. However, a strong constitution is the one that is flexible enough to accommodate changes within a broad and enduring relevant framework. Some governments at a time attempt to make their constitution effective by promoting veneration of the Constitution itself, either as a symbol of national purpose and identity or as a document of historic importance.

References

The Compliance of the US Constitution with Desirable Supermajority Rules. (n.d.). Originalism and the Good Constitution. doi:10.4159/harvard.9780674726260.c4

Chandra, A., & Satish, M. (2017). Criminal Law and the Constitution. The Oxford Handbook of the Indian Constitution. doi:10.1093/law/9780198704898.003.0044

Changing the Constitution. (2012). The Constitution of Finland : A Contextual Analysis. doi:10.5040/9781472560841.ch-008

CHAPTER 7. Legitimacy and the Unwritten Constitution. (2013). Implementing the Constitution. doi:10.4159/harvard.9780674419278.c7

Ku, J. (2016). Response Essay The Benefits of Avoiding Conflicts between the Constitution and International Law. International Law in the U.S. Supreme Court, 465-471. doi:10.1017/cbo9780511977121.017

Patterns of Constitutional Design. (2013). doi:10.4324/9781315599762

The Constitution and the Public How Voters Forgot the Constitution. (n.d.). The British Constitution: Continuity and Change : A Festschrift for Vernon Bogdanor. doi:10.5040/9781472561435.ch-003