Founding Principles of a Constitution
Founding Principles of the Constitution can be described as: “those values that
citizens commit themselves to their adherence. They are the foundations of the
Constitution and they reflect the manner in which the people desire to be governed.”
Introduction
Many constitutions contain underlying principles which are fundamental to the entire
constitutional structure. Sometimes these principles are unstated and have to be
inferred from the provisions of the constitution, but often — particularly in modern
constitutions — they are stated expressly. The Constitution of the United States may
have served as a model, with its preamble stating the following constitutional
objectives: “to form a more perfect Union, establish Justice, insure domestic
Tranquillity, provide for the common defense, promote the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity.” And of course there is
the famous statement in the American Declaration of Independence, that everyone is
endowed with certain unalienable rights, among them “Life, Liberty and the pursuit of
Happiness”.
Purpose of Statement of Principles
A statement of principles is not mere window-dressing, because if the principles are
set out clearly enough they may prevent governments from enacting constitutional
amendments that run counter to them. This is the so-called “pillars of the
Constitution” argument, which maintains that it is not permissible to amend a
constitution in such a way as to remove any of its pillars or core values. If the
Founding Principles are stated clearly they become the framework in which the
Judiciary interpret the Constitution. The argument was developed by the Indian
Supreme Court in interpreting the Constitution of India, and it has been adopted
elsewhere. Sometimes, to put the inviolability of the principles beyond doubt, a
constitution states expressly that they cannot be abrogated [repealed or cancelled].
The French Constitution, for example, prohibits any amendment that affects the
republican form of government. And the German Constitution prohibits any
limitation on the constitutional protection of human dignity, or any constitutional
amendment that changes the democratic and law-based nature of the German state.
The Namibian Constitution prohibits any amendment that would limit or abolish the
rights protected in the Constitution’s Bill of Rights.
What Principles are Usually Protected?
The principles that are protected in different constitutions vary considerably.
The Ugandan Constitution has an enormous list, set out in 29 articles, ranging from
encouraging citizens to participate actively in their own governance, through the
defence of national unity, peace, stability and national sovereignty, all the way to
protection of the aged and the promotion of recreation and sports and good water
management.
The Malawian Constitution, in contrast, impliedly protects only the separation of
powers, the rule of law and “the values which underlie an open and democratic
society”.
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