Explain the factors that make a constitution effective
Dear Student,
The following factors determine how effective is the constitution:
a. Mode of Promulgation: It is important that constitution was must be framed and designed democratically after thorough deliberation and discussion. This gives constitution legitimacy to be accepted and endorsed by the people.The Indian constitution for instance, carries the legacy of our nationalist movement strongly endorsing the principles of liberty, equality, fraternity and justice, established in the name of the people. It establishes India as a democracy and is widely acknowledged World wide.In fact, the constituent assembly that framed the Constitution was also truly representative reflecting diverse interest of the country.
b. Provisions of the Constitution: Further, constitutional provisions must guarantee justice, equality to all. It must extend rights to both minorities and majority and must not result in tyranny of majority. The provisions must be just and fair to all so that they widely accepted to all.
c. Balanced Institutional designs:Constitution must also ensure division of power amongst the organs of the government . It must ensure horizontal division of power and must not result in monopoly of any one organ. Powers must be clearly defined between the Legislature, Executive and Judiciary . This ensures the principle of separation of power , however to ensure that no organ misuse its powers there is a system of checks and balances.
d. Constitution must be both rigid and flexible to be able to accommodate changes and reflect contemporary realities and at the same time must have rigid provisions so that its principles cannot be easily arm twisted for political gains.
Regards
The following factors determine how effective is the constitution:
a. Mode of Promulgation: It is important that constitution was must be framed and designed democratically after thorough deliberation and discussion. This gives constitution legitimacy to be accepted and endorsed by the people.The Indian constitution for instance, carries the legacy of our nationalist movement strongly endorsing the principles of liberty, equality, fraternity and justice, established in the name of the people. It establishes India as a democracy and is widely acknowledged World wide.In fact, the constituent assembly that framed the Constitution was also truly representative reflecting diverse interest of the country.
b. Provisions of the Constitution: Further, constitutional provisions must guarantee justice, equality to all. It must extend rights to both minorities and majority and must not result in tyranny of majority. The provisions must be just and fair to all so that they widely accepted to all.
c. Balanced Institutional designs:Constitution must also ensure division of power amongst the organs of the government . It must ensure horizontal division of power and must not result in monopoly of any one organ. Powers must be clearly defined between the Legislature, Executive and Judiciary . This ensures the principle of separation of power , however to ensure that no organ misuse its powers there is a system of checks and balances.
d. Constitution must be both rigid and flexible to be able to accommodate changes and reflect contemporary realities and at the same time must have rigid provisions so that its principles cannot be easily arm twisted for political gains.
Regards