What is a Constitution?
The constitution of a country is a set of rules that define the nature and extent of the
country’s government. It is sometimes referred to as the country’s fundamental or
basic law, and has supremacy over all other laws. A constitution establishes the basic
institutions of the State and regulates the executive, legislative and judicial branches
of government and the relationships between those branches; many modern
constitutions also regulate relationships between individuals and their government,
particularly by guaranteeing individuals certain fundamental human rights. The
provisions that can and should go into a constitution will be dealt with under the
following headings:
I. Institutions of government
II. Relations between individuals and the government
III. Local government institutions
IV. Amendment of the constitution
V. Checks and balances
VI. Other considerations
I. Institutions of Government
First and foremost, a country’s constitution must set out how the country is
governed, and must deal with the following institutions:
1. The Executive Branch of Government
A constitution must specify who will have executive powers in the State. It must say,
for example, whether the powers should be exercised by a President or a Prime
Minister; and if the powers are to be exercised by two or more people it must
apportion the powers clearly between them [This is one of the most serious defects of
the present Constitution as amended by the GPA: the demarcation of powers between
the President and the Prime Minister is so vague that it makes their relationship
unworkable.]. A constitution must also lay down
2. The Legislative Branch of Government
A constitution must establish the legislative or law-making branch of Government. If
there are to be two or more law-making bodies (for example, a Senate and a National
Assembly) the constitution must indicate the relationship between them and set out
their respective powers. The constitution must specify if and how other institutions
of the State, including the Executive, are accountable to Parliament. If the legislative
branch is to control taxation, then the constitution must also specify this [under the
present Constitution, taxes cannot be imposed unless Parliament passes a law
authorising their imposition].
3. The Judiciary
The judiciary [i.e. judges, magistrates and the court system] perform a vital role in
every State, by interpreting laws and resolving disputes. Hence a constitution must
establish the country’s court system and give the courts sufficient jurisdiction, i.e.
power, to carry out their role. In particular the constitution should make it clear how
far the courts can question the actions of members of the Government and the
validity of laws made by the legislature.
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