Question

Characteristics of an ideal consitution

Answer 1

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▶As Grenada is in the process of reviewing its constitution, it is most important that individuals have a clear understanding as to what is expected from an ideal constitution. This article therefore seeks to inform accordingly. A constitution may be described as a body of laws that establishes and regulates how a state should be governed and it is generally regarded as the supreme law of the land as it supersedes all normal parliamentary legislation. A constitution may be written such as that of Grenada and other Caricom states, or it may be unwritten as that of the United Kingdom (UK), which situation was never planned. In the UK the governance of the country depends a lot on conventions which developed over many centuries for it is not normal for countries to plan to have unwritten constitutions.

One of the positive legacies emanating from modern liberal democracies is that of constitutionalism which constitutes the root of our democratic tradition. Constitutionalism embraces the principle that Government can and ought to be legally limited in its powers and that its authority depends on its commitment to these limitations. In order to abide by this democratic tradition, constitutions usually adhere to certain fundamental principles such as the doctrine of separation of powers, independence of the judiciary and the rule of law. These may be considered to be the key characteristics of an ideal constitution and must always be borne in mind whenever constitutions are being drafted for the first time, amended or reformed.

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