Constitution
Why? we need
Because of its functions & these functions explain why most societies have constitution
1) provide Set of Basic rule for minimum coordination
2) it sets some limits
4) Its help in specification of decision making powers
through the government - parliamentary form government
by parliament has the authority to enact policies and that authority is granted by constitution by law and sanction by people
on the power of government
and that limits are fundamental in nature which government can not trespass - ensure democratic system in which all person enjoy certain Fundamental rights
3) empowering government - it provide an enabling frameworks for the government to fulfill some aspiration of the people mention in the DPSD to create a just society
exceptions
During emergency
5) express the (unique)Fundamental identity of the people
set administrative constrain and define fundamental-value give one- moral identity
by agreeing to certain basics norms and principal give one constitute its political identity
The authority of the constitution
what is constitution
is constitution just =last chapter ans this
constitution is a compact and set of document that comprise , a number of articles (writen) and old decisions (unwritten)
specifying
how state constituted
how and what norms state should follow
how effective constitution is , what makes the constitution effective , how constitution is impacting life of the people
Factors that making constitution effective
2) substantive provisions of a constitution
1) mode of promulgation
a)Background : example - India - product of national movement and during making of the constitution - partition bloodshed
c)people- who abide them and who made them constitution makers maintaining it' s revelance
constitution gave every citizen a reason to go along with constitution
this factor or arrangement ensure no section , group, cannot own and subvert constitution
3) strike a balance
organs of the government
between certain core values , norms , procedure which strike a balance between change and continuity
institution design with fragmented power and intelligent system of check and balance between horizontal and vertical organs of the government
parliamentary/Quasi-federal
b)Ability to tolerate - to take along every section of society
composition -because composition of the constitution assembly accommodate all section of society and all shades of opinion
principal of deliberation - first deliberation is done by diverse members , second each member deliberate on constitution with interest of the whole nation third there is freedom of having difference of opinion make deliberation more effective forth every member of the CA have the conciousness of accepting democratic form of government that why passing universal suffrage without deliberation fifth each and every other provision was scrutinized with discussion and reason
procedures
identity also come from the tradition/ history
example : our freedom struggle give us national identity
inheritance of the nationalist movement