Write a short note on implementation of constitution?
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The functions of a constitution
1. 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 constitution often distinguishes between those inside and outside the polity.
2. 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’. 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’.
3. 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.
4. 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
6 International IDEA
2. The fundamentals of constitutions
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.
5. Constitutions can establish and regulate the political institutions of the community. Constitutions define the various institutions of government; prescribe their composition, powers and functions; and regulate relations between them. Almost all constitutions establish legislative, executive and judicial branches of government. In addition, there may be a symbolic head of state, institutions to ensure the integrity of the political process (e.g. an electoral commission), and institutions to ensure the accountability and transparency of those in power (e.g. an ombudsman). The institutional provisions typically provide mechanisms for the democratic allocation and peaceful transfer of power (e.g. elections) and for the restraint and removal of those who abuse power or who have lost the confidence of the people (e.g. impeachment procedures).
6. Constitutions can divide or share power between different layers of government or sub-state communities. Many constitutions establish federal, quasi-federal or decentralized processes for the sharing of power between provinces, regions or 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 or linguistic communities (e.g. the 1994 Constitution of Belgium, which establishes autonomous linguistic communities in addition to geographical regions).
7. Constitutions can declare the official religious identity of the state and demarcate relationships between sacred and secular authorities. This is particularly important in societies where religious and national identities are interrelated, or where religious law has traditionally determined matters of personal status or the arbitration of disputes between citizens.
8. Constitutions can commit states to particular social, economic or developmental goals. This may take the form of judicially enforceable socio-economic rights, directive principles that are politically binding on the government, or other expressions of commitment or intent.