Why do we need a Constitution? - Constitutional Design Class 9 - Concepts

  • To understand why we need a constitution and what to do with it , we can take the example of South Africa to understand.
  • In this new democracy , the oppressor and the oppressed were planning to live together as equals .
  • It would not be easy for them to trust each other , they had their fears , and both sides wanted to safeguard their interests .
  • The Black majority wanted to secure the democratic principle of the majority rule was not compromised .
  • They wanted substantial social and economic rights .
  • On the other hand, the white minority wanted to protect its privileges and property .
  • Through negotiations , both parties agree to a compromise .
  • The whites agreed to the principle of the majority rule and that of one person one vote . They also agreed to some basic rights for the poor and workers .
  • The black agreed that the majority rule will not be absolute and the majority would not take away the properties of the white minority .
  • This compromise was not easy.
  • The only way to build and maintain trust was to write down some rules of the game that everyone would abide by.
  • These rules lay down how rulers are to be chosen in the future.
  • It also determines what the elected governments are allowed and not allowed to do.
  • These rules will also determine the rights of the citizens.
  • These rules will work only if the winners cannot change them very easily and that’s what South Africans did.
  • They agreed on some basic rules
  • In addition, they agreed that no government would be able to ignore these rules.
  • This set of basic rules is called a constitution .
  • Every country in this world has diverse groups of people .
  • People all over the world have differences of opinion and interests .
  • Most countries in this world have these basic rules .
  • The constitution of a country is a set of rules that are accepted by all people living together in that country .
  • The constitution as the supreme law determines the relationship between the people living in that territory (called citizens ) and the relationship between the government and the people .
  • The constitution accomplishes the following: 
    • it fosters trust and coordination among various types of people who live together .
    • It specifies how the government will be constituted , and who will have the power to take which decisions .
    • It lays down limits on the powers of the government and tells us what the rights of the citizens are .
    • It expresses the aspirations of the people about creating a good society
  • All countries that have constitutions are not necessarily democracies but all democratic countries have constitutions .
  • The Americans adopted a constitution after the war of independence against Great Britain .
  • The French People approved a democratic constitution after the revolution .
  • Since then, it has become common practice in all democracies to have a written constitution .

 

 

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