What are the essential of a good constitution?

ADVERTISEMENTS:

A good constitution is one that works well. It should have the following features:

1. Well Written:

It must be well defined and precise. It should not have ambiguities and obscurities of language, because this may lead to conflicting interpretations.

Such a constitution will depend for its inter­pretation on the whims of the judges. In this respect a carefully drafted written constitution is more satisfactory than an unwritten one, as a written constitution is the result of careful thought.

ADVERTISEMENTS:

An unwritten consti­tution, on the other hand, is indefinite and unprecise because of the vague character of the convention and the traditions, of which it is generally made.

2. Comprehensiveness:

A constitution should be sufficiently comprehensive, covering the whole field of government. The powers of different organs of the government and various functionaries of the state must be clearly demarcated. A constitution that is detailed becomes a plaything in the hands of judiciary.

The U.S. Constitution is an example of a very brief constitution. It is matter of common knowledge that this constitution is what the Supreme Court makes of it.

A good constitution should not omit the main fundamentals and at the same time does not enter into needless details, since a detailed constitution is also liable to give rise to constitutional disputes. Besides, a detailed constitution indicates a sort of distrust in the various organs of the government and hampers its natural growth.

3. Partly Rigid and Partly Flexible:

ADVERTISEMENTS:

A constitution should neither be very rigid nor very flexible. A rigid constitution does not possess the qualities of adaptability and adjustability.

With the changing needs of time a flexible constitution is liable to be perverted. The best constitution is one which combines both the elements of rigidity and flexibility. It must provide a method of change so that it may be changed and adopted without a revolution.

4. Provision for a Bill of Rights:

A constitution should provide for a bill of rights for the people. It has become a necessity in the modern democratic age. It should also make adequate provision for the protection of individual liberty by providing for appeal to the law courts.

5. Suitability:

Lastly, a good constitution should represent the needs of the time and should be suitable for social, political and economic needs of the people. “Legal sovereign should coincide with political sovereign.”

, ,

Web Analytics Made Easy -
StatCounter
Kata Mutiara Kata Kata Mutiara Kata Kata Lucu Kata Mutiara Makanan Sehat Resep Masakan Kata Motivasi obat perangsang wanita