A constitution is a set of fundamental rules that determine how a country or state is run. Almost all constitutions are “codified”, which simply means they are written down clearly in a specific document called “the constitution”.
However, some countries, such as Israel, New Zealand, and the United Kingdom, have “un-codified” constitutions which can’t be found written down neatly in one particular place. Constitutions usually include the following basic elements:
- As constitutions include the most fundamental rules governing a society, it is generally more difficult for them to be amended than it is to pass ordinary pieces of legislation. For example, in the US, passing constitutional amendments requires a two-thirds majority of both houses of congress before being approved by three-quarters of the states. Alternatively, a constitutional convention can be called by two-thirds of US states which can propose amendments that will then need to be approved by three-quarters of the states. Both processes are much more difficult to complete than simply passing legislation through a majority of both houses of congress, reflecting the fundamental importance of rules set out in the constitution.
- In contrast, the United Kingdom’s “un-codified” constitution vests ultimate authority in parliament to “make or unmake any law”, to quote A. V. Dicey, under the principle of “parliamentary sovereignty”. Since there is no written constitution of the United Kingdom, any law passed by parliament has the potential to be of constitutional significance, meaning the authority for altering the UK constitution ultimately lies with parliament.
Parliamentary sovereignty means that parliament is superior to the executive and judicial branch of the government and can therefore enact or repeal any law it chooses. It is a cornerstone of the UK constitutional system and applies in some parts of the Commonwealth such as Canada. The idea of parliamentary sovereignty is neatly summed up by 19th century constitutional theorist A V Dicey:“Parliament…has, under the English constitution, the right to make or unmake any law whatsoever; and, further, … no person or body is recognised by the law of England as having the right to override or set aside the legislation of Parliament.”The notion of parliamentary sovereignty was at the heart of the Brexit referendum in 2016. Those wishing to leave the European Union saw its institutions, such as the European Parliament, as directly challenging the sovereignty of the Westminster Parliament because European laws can be automatically binding and override local laws within the UK. On the other hand, it was the Westminster Parliament which accepted some limits on its own sovereignty when it decided to join the European Union (then known as the European Economic Community) in 1972 when it passed the European Communities Act.
Purpose of the constitution:
- To provide a set of basic rules that allow for minimal coordination amongst the members of a society.
- The second function of the constitution is to specify who has the power to make decisions in a society.
- The third function is to set limits on what the government can impose on its citizens.
- The constitution is to enable the government to fulfil the aspirations of a society and create conditions for a just society.
Other Aspects of Constitution
- Constitutions can declare and define the boundaries of the political community. These boundaries can be territorial (the geographical borders of a state, as well as its claims to any other territory or extraterritorial rights)
- Constitutions can declare and define the nature and authority of the political community. They often declare the state’s fundamental principles and assumptions, as well as where its sovereignty lies. For example, the French Constitution declares that ‘France is an indivisible, secular, democratic and social Republic’ and that ‘National sovereignty belongs to the people. Likewise the Indian constitution is based on popular sovereignty. (The principle of popular sovereignty denotes that the source of governmental power or the sovereignty lies with the people.)
- Constitutions can express the identity and values of a national community. As nation building instruments, Constitutions may define the national flag, anthem and other symbols, and may make proclamations about the values, history and identity of the nation. eg: national flag, anthem etc
- Constitutions can declare and define the rights and duties of citizens.
- Constitutions can establish and regulate the political institutions of the community— defining the various institutions of government; prescribing their composition, powers and functions; and regulating the relations between them.
- Constitutions can divide or share power between different layers of government or sub-state communities. Many constitutions establish federal, quasi-federal or decentralized processes for the sharing of power between provinces, regions or other sub-state communities. These may be geographically defined (as in most federations, such as Argentina, Canada or India), or they may be defined by cultural or linguistic communities (e.g. the 1994 Constitution of Belgium, which establishes autonomous linguistic communities in addition to geographical regions).
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