2 pages/≈550 words
The Two types of Constitution (Essay Sample)
Please define the concept and explain its significance to the idea of human rights source..
Name: Course: Instructor: Date: Liberalism and Constitutionality A constitution can be defined as the compulsory law which may be either unwritten or written and meant to establish the behavior of a ruling body such as the government specifically by establishing the clear guidelines to which every member of that society must conform. In addition, the constitution entails how the government will be structured and to what extent it can be upheld and even more importantly, what limitations the arms of government have in implementing their mandate as ascribed in the constitution. The Idea ofa Constitution The constitution is mainly created so as to establish a specific law by which members of a states re ruled and governed thereby giving the governors and the governed powers to exercise what they believe in and is accepted. Liberalists therefore insist on considering themselves as people who are purely grounded on the laws of the land and would therefore fully abide by it. Some of the major objectives or reasons why most constitutions forming the most powerful document in all the sovereign state include the desire to firmly establish the rule of the law, to enshrine and affirm the national unity, to establish appropriate separation and devolution of powers, to create democratic institutions which would be capable of practicing governance with legitimacy and authority , to enshrine a set of universal rights as well as to offer protection of the marginalised communities and individuals. Two Types of Constitution There are generally two broad categories of constitutions which are constitution by evolution which is the constitution that exists without any official written down document in which it is enshrined, and constitution by agreement which is a type of constitution derived from written down following rigorous discussion and agreement between the partiesinvolved. Another striking difference between constitution by evolution and constitution by agreement is that, while the former is a product of ancient practices which have over time been finally accepted as the norm, the latter is a product of dialogue which has been arrived at mostly following a disagreement or a critical situation, or even a possible major change in government structure. Over the years, the rule of law by use of constitution by evolution has continued to rapidly decline leaving very few states and countries such as ancient Rome and England to this kind of law. On the other hand, the use of constitution by agreement has continued to gain preference among very many states and nations of the world including the United States of America, Canada, Kenya, France, China and Australia. Whether the constitution is written ...
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