What Is a | \ OU Principles and Concepts Overview “Tho contin bung pines arc iment is our ‘inion bling of consiuons What is a Constitution? ‘corm proces by () being eae Cen pla pari, hl ey orpninatons, plc fii snd tnembe of conc smb, © the structures and The vast majority of contemporary constitutions describe the basic principles of the sate of goverment and the fundamental rights of citizens ip = meen ca a er cnet be naa canged by an ody lp ct. Ti ger i) helping seaff of intergovernmental Jaw is usually referred to as a constitution. SS —S Seance aeee icin cont nd nto ptt nication 2 el ae las 10 Semmes, ld plied rer ey wen conti nd i . iniveral sad uncontested definition of constitution. Nevertheless, any broudly accepted indi for on speci xd, tila comenk ade memeite forthe wth por now 0 cpenenc of nmin bling Aroged thera aound the ete eo paca bce faced by conn les. he rier a wo explain complex nein gui and 97 Wy. working dfniton ofa constution would likely include the following characterises: eee aad pe ee Avot ittnatinal IDEA “Te mers lst for = a meron IDEA) ia inergoermentl ergata wih 2 in to upper auth ‘moray woe wternational IDEA sca i rea" wiur vamihe defittion of border of « Wh thet ceptesernatves and by tcane of dum’ (Constitution of the Pith French Republic). The Cons states that, Telongs te the people, who exerci i the on of Ghana (999 The Sovereignty of Ghana resides inthe people of Ghana in whore hove welfare the powers af government ae to be exercised Constitutions can express the identity and values of a national community. As nation building instruments, stitutions may define the national lg, anchem and other symbol, and may make proclamations about the values, history and identity of the CConstiutions can declare and define the eights and duis of ctiens. Most constitutions include a declaration of fundamental rights applicable co citizens. At » minimum, these wil include the basic evil liberties that ate necesary for an open and democratic soci (g, the freedoms of thought, speech, association and assembly: due process of law and freedom from arbitrary at ‘oF unlawful punishment). Many constitutions go beyond this minimum to include oxi, conic and clara igh othe speci rights of mi orgy communities. And some rights may apply to both citizens and non citizens, such a the right to be fee fiom torture ar physical abuse Conssieutions can establish and regulate che politcal institutions of the community Aefining the various institutions of government: prescribing theit composition, powers and functions; and regulating the relations between them, It is almost universal for constirutions (0 establish legislative, executive and judicial branches of government. In addition, there may be a symbolic head of sate, institutions to ensue the inegsty of the political process (such as an clectoral commision), and institutions to ensure the accountability and transparency of those in power (such a auditors, a court of accounts, 4 human tights commision or an ombudsman). The institutional provisions eypealy provide mechanisms forthe democratic allocation and peaceful transfer of power (eg lection) and mechanisms fr the restaint and removal of those who abase power or who. have lost the confidence ofthe people (impeachment procedures, mations of cease) Constcutions can divide ot share power berween different layers of government or sub-state communities. Many constitutions csublish federal, quasifederal or decentralized processes for the shaing of power between provinces, regions oF 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 ot linguistic communities (cg. the 1994 Constitution of Belgium, which establishes autonomous linguistic communities in addition wo geographical regions) Constitutions can decate the official eigious identity of the state and demarcate telationships beeween sacred and secular authorities. This is particulaily important in societies where religious and national identities are interrelated, or where religious la has ‘saditionally determined mates of personal satus or the arbitration of disputes beeween, Oval TCU WILTScanned with Cam