What is a Constitution?

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Some constitutions (such as the constitution of the United Kingdom) are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties.

Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state’s rulers cannot cross, such as fundamental rights.

The Constitution and What it Means for Democracy

The most important function of a constitution is to protect democracy and ensure that a country is governed within the bounds of law. It sets out the rules of the game, ensuring that no one person or section of society can amass too much power. It spells out the different roles of government and defines the rights of citizens. A constitution should be carefully drafted and comprehensively considered to ensure that it does not become out-dated or irrelevant.

A key function of constitutions is to limit the power of the government. The principle of the separation of powers and the underpinning of fundamental human rights are cornerstones of all modern constitutions. This is achieved by the introduction of checks and balances, often reflecting the tripartite separation of executive, legislative and judicial power, and the recognition of fundamental rights in the form of bills of rights.

Constitutional Reform andIts Significance

Constitutional reform is a process of changing or adapting existing constitutions and usually involves replacing, amending or abolishing certain elements of it. Reform may be affected at the behest of the nation’s executive or legislative branch, or by way of a referendum.

Reform is necessary to ensure the constitution remains up to date and relevant to today’s world. Constitutions establish the foundation upon which all other laws are built and, therefore, they must keep up with changes in society. With the influx of new technology and the increased dependence on the internet, some may argue that the way in which we govern countries will need to change.

Constitutional reform is also very important for protecting democracy and ensuring that the rights of citizens are respected. Without such reform, constitutions would become irrelevant and ineffective, and governments would be able to overstep the boundaries of their authority and infringe upon the rights of their citizens.