Do you think that basic values of the constitution and the design of political institutions have close relationship? Justify.
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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 extra-territorial rights) and personal (the definition of citizenship). Thus, a country’s constitution often distinguishes between those who are inside and those who are outside the polity.
• 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, who exercise it through their representatives and by means of referendums’ (Constitution of the Fifth French Republic). The Constitution of Ghana (1992) states that, ‘The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised’.
• 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.
• Constitutions can declare and define the rights and duties of citizens. Most constitutions include a declaration of fundamental rights applicable to citizens. At a minimum, these will include the basic civil liberties that are necessary for an open and democratic society (e.g. the freedoms of thought, speech, association and assembly; due process of law and freedom from arbitrary arrest or unlawful punishment). Many constitutions go beyond this minimum to include social, economic and cultural rights or the specific collective rights of minority communities. And some rights may apply to both citizens and non- citizens, such as the right to be free from torture or physical abuse.
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• 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, who exercise it through their representatives and by means of referendums’ (Constitution of the Fifth French Republic). The Constitution of Ghana (1992) states that, ‘The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised’.
• 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.
• Constitutions can declare and define the rights and duties of citizens. Most constitutions include a declaration of fundamental rights applicable to citizens. At a minimum, these will include the basic civil liberties that are necessary for an open and democratic society (e.g. the freedoms of thought, speech, association and assembly; due process of law and freedom from arbitrary arrest or unlawful punishment). Many constitutions go beyond this minimum to include social, economic and cultural rights or the specific collective rights of minority communities. And some rights may apply to both citizens and non- citizens, such as the right to be free from torture or physical abuse.
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