INTRODUCTION
Constitution can be described as the fundamental law of the land. It is the basis on which all other laws are made and enforced. We can all also that Constitution is mother of all other laws which draws their validity from it. It also sets the outline and authority and limitation for all laws farmed by the legislative body of any country. Making of Constitution is one thing and amending it another. Amendments are introduced as per the changing situations or as per will of the people or with the will of majority of people. India, United States of America and United Kingdom, all three of these countries are democratic of the world. India and US are the two world‘s largest democratic countries. All three of these countries have their
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For most commentators, constitutional amendments rules are designed to serve exactly this purpose that is, to allow for the correction of or improvement upon prior constitutional design choice in light of new information, evolving experience or political understanding. As Prof. Sunstein has opined the Central goal of a constitution is to create the preconditions for a well-functioning democratic order, one in which citizens are genuinely able to govern themselves. Understanding the meaning of Constitution from Prof. Sunstein‘s definition of constitution, we can also term Constitution‘ as the supreme document of any nation by which the system of governance is controlled and regulated by enacting laws and regulations. Constitutions are usually classified as flexible‘ or ‗rigid‘ depending upon the process through which they can be amended. Prof. A.V. Dicey defines two types of Constitutions the flexible as one under which every law of every description can legally be changed with the same ease and in the same manner by one and the same body‘, and the rigid Constitutions as ‗one under which certain laws generally known as constitutional or fundamental laws, cannot be changed in the same manner as ordinary
There is much debate in political theory about the definition of a constitution. Generally, it is considered as a “single governing document”. If that is the case, then the U.S. Constitution is the oldest in the world (Berry, 2011). The Framers, upon writing it, aimed to create a document that would stand the test of time. Despite changes in population size, racial and religious components, and even the modern day technology, the objective has clearly been achieved. Elkins claims that this is primarily due to its flexibility. Judicial review interprets the document with the rapidly changing society in mind (as cited in Garza, 2008). Many state constitutions, on the other hand, have not survived as long. Since many have been written with specific people and localities in mind, they have not been able to adapt to change well. Louisiana, for example, has had 11 state constitutions. It is common today, for states to consider overhauling their current constitutions (Morris, Henson, & Fackler, 2011).
In conclusion, equivalent contentions on the constitution being static or adaptable demonstrates that certain parts of looking at the constitution shows alternate points of view on whether it adjusts to the needs of the Australian public. Subsequently, the general population ought to be mindful of any alterations made or to be made to guarantee the significance and needs of the nation is fulfilled.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
We see a great example of this in the article providing for the judicial branch. "The article is now over a dozen pages long, and most of the changes that have been made are of the type that would have been unnecessary had the framers of the constitution stayed with fundamentals, as did the framers of the United States Constitution. The judicial article of the United States Constitution is printed on one page." (Riethmayer, 1941) If the constitution were to be rewritten to be less wordy and provide more of a framework it would be beneficial for running the government under it and accommodating to the ever-changing and growing state of Texas.
Robert Dahl states his opinion towards the Constitution in his novel How Democratic is the American Constitution? He goes through multiple subjects such as our government compared to other countries, the framers of the constitution, and what is stated in it that can be improved or should remain unchanged. Dahl makes several intriguing cases about laws that our outdated, and things that should be changed because they might not be accurate or modern. This was an enjoyable read and on many topics Robert A. Dahl and I seem to have similar views. I believe the American Constitution is not democratic.
The Constitution, which was written in 1787, is a democratic plan of government. A democracy is a government in which the people either directly or through elected representatives are in control. . One reason the Constitution is democratic is that it gives the people the rights of expression in the Bill of Rights. Another reason the Constitution is democratic is because overtime while it was being amended, there were more democratic ideas added to it, such as the abolition of slavery, voting rights, and the changes of the election of Senators. The last reason is that all elected terms have intervals in which the person is either reelected or a new person is elected for the position. Since there are so many democratic elements in the Constitution, it makes it a democratic plan of government.
The importance of Constitution, both in its content and its status, is little appreciated by the general public.
In 1787, The United States of America formally replaced the Articles of Confederation with a wholly new governing document, written by the delegates who attended the Constitutional Convention in Philadelphia. This document, known as the Constitution, has served as the supreme law of our land for the past 228 years. It has stood the test of time and a majority of Americans still support it today (Dougherty). The Constitution was designed in a way that allows for it to be amended, in order to address changing societal needs. Article V discusses the process by which the Constitution can be altered. This feature has enabled it to stay in effect and keep up with current times. The Constitution should not be rewritten every 19 years because it would not only weaken its importance, but it would also hurt foreign relations and continuously rewriting it would give political parties too much power.
The Constitution which was written 229 years ago, comes with many strengths and weaknesses. One such strength is that the Constitution is a living document. A living document is a document that has the ability to be updated and or drafted upon. The original document had twelve amendments. These amendments were sent to the states for ratification in 1789 and out of the twelve, ten of them were passed by the vote of eleven states in the union. Since that time of the first change in our constitution, it has been added to twenty-seven times. The Constitution is America’s founding document that has lasted for 229 years; it has changed as the country has changed. (THE CHARTERS OF FREEDOM A NEW WORLD AT HAND) The Constitution being a living document was intended to be adapted by future generations and because of its adaptability, it could have new amendments ratified and add to
On the one hand, constitutions are really necessary in the democratic states where although not perfectly, but to a big extent democratic principles such as equality, liberty, tolerance, the respect of human rights, providing the ability for the citizens to elect the government, etc. are applied. The first reason why having a set of exact rules that are respected by every citizen of the democratic state is that having a constitution maintains order and thus, helps all the citizens to live a peaceful and harmonious life. By maintaining order it is meant that if you as a citizen disobey the rules stated in the constitution, the state has a full right to punish you. For example, if it is stated that the right to live is protected by the law and
The. A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government.
Constitution is a necessary feature as it defines how power is disseminated within the government and establishes the rights of the citizens and the laws and rules for the country. In order to be successful, a country’s should reflect and satisfy every citizen’s needs and interests.
Changing the Constitution of the United States is against what the founding fathers created this nation for. To achieve this, they fought for their freedom and created a more stable government. The words of the constitution are those in which we live by should not stray far from originality. Before an amendment is added to the Constitution, it must undergo series of votes. Two thirds of the states must agree with what the new amendment is proposing.
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there