Description:
Overview:
What Is a Constitution?
The vast majority of contemporary constitutions describe the basic principles of the state,
the structures and processes of government and the fundamental rights of citizens in a
higher law
that cannot be unilaterally changed by an ordinary legislative act. This higher
law is usually referred to as a
constitution....
The content and nature of a particular constitution, as well as how it relates to the rest
of the legal and political order, varies considerably between countries, and there is no
universal and uncontested definition of a constitution. Nevertheless, any broadly accepted
working definition of a constitution would likely include the following characteristics:
A constitution is a set of fundamental legal-political rules that:
(1) are binding on everyone in the state, including ordinary lawmaking institutions;
(2) concern the structure and operation of the institutions of government, political
principles and the rights of citizens;
(3) are based on widepread public legitimacy;
(4) are harder to change than ordinary laws (e.g. a two-thirds majority vote or or a
referendum is needed);
(5) as a minimum, meet the internationally recognized criteria for a democratic system
in terms of representation and human rights.."
Source/publisher:
International IDEA
Date of Publication:
2014-08-00
Date of entry:
2015-05-16
Grouping:
- Individual Documents
Category:
Language:
English