Constitutions

What is a constitution?

 There is no specific uncontested definition for constitution due to the existence of many states
around the world. Constitutions vary widely.
 A collective promise by a polity: it’s about the principles and ideas that we would like to live up
to
 Pre-commitment devices: creating institutional mechanism that helps effectuate our own
current plans in the future.
 A Contract among the divergent interests.

Note that:

A compromise means that we reach a something you and I can live with. Not what I want in the absolute
or you in the absolute, but it’s acceptable to both of us.

Why we have constitution?

 Because we need to know the rules of the game before start playing
 Which institution of government is going to do what
 Know the rights of the citizens

A Swedish perspective:” if a state is to function effectively, its citizens need to agree on the rules of the
game. If these are observed, decisions are perceived to be legitimate. The rules of law are a
precondition for legal security and the durability of the form of government”

Constitutions are divided into 3 parts:

 Preamble
 Right of citizens
 Structure of government
 Amendment of the constitution

Note that:

Preamble: an introduction of a document that tells us about the purpose. (in constitution it tells us who
we are, and it’s kinda inspirational)

How to amend a constitution?

There are specific procedures to be taken into consideration. These considerations are written and
covered in the constitution, however, they may vary from one constitution to another.

Comparing constitutions:

1- Written vs unwritten constitutions

Unwritten constitution? The UK constitution is an unwritten constitution, some are written and
some are not. Some of the unwritten constitution: Precedence by courts that later became the
norm.
 2- Flexible vs rigid constitutions (the easiness of passing laws to become a part of the constitution)
Rigid constitutions: to avoid the majority in power to pass laws in their favor.
3- Long and detailed vs short and brief constitutions
Brief and vague constitution leaves a way for interpretation throughout time, unlike the long
detailed ones.

How can constitutions evolve?

Interpretation and precedence (the same statements can be interpreted in different ways throughout
the time – the constitution must meet the new changes in societies)

Amendments

why do we need an amendment?

Amendment to respond to the new developing conflicts or norms or ideas. (France has 17 different
constitutions)

Constitutionalism: a political order governed by laws – means the supremacy of laws and the placing of
limits on the arbitrary actions of office holders.

Constitutionalism is to put effective restraints on the powers of government and guarantee the rights of
the governed.

The study of constitution through time:

Constitutionalism: it started as the relationship between the citizens and the government

Behaviouralism: how things actually work in a polity.

New constitutionalism

New institutionalism: the analysis of the ways in which institutions shape behaviors. Where institutions
are the set of formal, informal, procedures and norms.