constitutional law essay questions

constitutional law essay questions

The Importance of Constitutional Law in Modern Society

1. Introduction

The essay will take the view that as the constitution is the fundamental law of a country which states when laws are legitimate, it is superfluous to assess the impact of constitutional law on modern societies without first defining what is meant by the ‘rule of law’.

This essay will outline a number of different types of impacts that constitutional law has on modern-day society and will argue that while it is not always clear how and why it functions, the rule of law is central to the functioning of society and that society cannot be conceived of existing without the rule of law. It will then go on to examine the impact of constitutional law on the modern ‘State’ and will finish by assessing the damage constitutional law can prevent in a society.

The impact of constitutional law on different countries differs, depending on their cultural, historical, and political differences. In most countries, the constitution “attempts to declare the principles which are fundamental to the society it serves, to establish the institutions that will carry out those principles, to provide the powers necessary to make the institutions work, and to regulate the exercise of those powers so as to prevent deviation from those fundamental principles”. Written and unwritten constitutional principles affect everything from the power instilled in the government and the duties and responsibilities of the citizens, to the effectiveness of the rule of law and the protection of human rights. An effective constitution creates the framework for a well-ordered society and provides mechanisms for the prevention of abuse of power by those in positions of responsibility.

2. The Foundational Principles of Constitutional Law

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of the citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. The concept of constitutional law and constitutional government is the result of political, philosophical and constitutional developments during the 17th and 18th centuries. Prior to this time, the same issues were addressed within Canon law and the Ius commune, in relation to the supreme head of the church, the Roman Emperor, or the divine right of kings. A form of government with a written constitution is a relatively recent development, both in terms of conceptual and theoretical articulation of ideas, and in terms of political and juridical implementation. Although the basic building blocks have been identified, there is much history of the idea of constitutional government; debates over what form an ideal constitution should take are reflective of much deeper history. An example of a reflective history is England. This presented a contrast to the events of the era, in which in a significant act by the parliament was the act of the Claim of Right passed in 1689, which is a two-chamber legislature. A modern example of a codified constitution can be seen in the Constitution of the United States of America. This is the result of a paradigm of revolution and represents a result of the rejection of an English doctrine, in which Parliament was understood to be the sovereign was the law and the embodiment of a notional unified will of the people – a decision based on the events of the Era of the English Civil War.

3. Key Constitutional Law Issues and Debates

The most important issues have concerned the function of the state in its relations with the market and the welfare of its citizens. A prime example of this is the discussion of the constitution of the European Union, and whether it should amount to a federal state, and have a constitution to codify and allocate law-making powers between member states, or whether it should remain a functional organization of member states with the individual and differing aims of each being protected by more decentralized decision making. An issue arising from this concerns the effect of globalization on the ability of states to provide welfare and social and economic rights to its citizens. This has been illustrated by attempts to nationalize or protect industries or the provisions of services against competition law, often coming into conflict with European Union law.

Constitutional law has provided some of the most interesting and significant issues and debates in the past century. They have focused on the function and role of the state and the civil liberties and human rights of individuals and groups within the state. The increasing complexity of modern societies has led to a great increase in the importance of law in social and political organization, with a widening impact on the daily lives of citizens. This has raised many new issues for constitutional law and has re-stimulated old ones.

4. The Role of Constitutional Law in Protecting Individual Rights

The constitution not only provides rights and protections but also the inherent possibility of change and progress to reflect societal needs and aspirations. It is the cornerstone of the concept of inclusive growth where individuals will have a myriad of opportunities regardless of their identities. The emerging global trend for inclusion is apparent, and the constitution is a tool to achieve this goal. A remote instance can be seen in India where, in 1930, Gandhi had challenged the manual scavenging of the untouchables. It took almost 8 decades for the constitutional social changes and eradication of untouchability to be seen on the ground through various legislations and actions.

To the modern society, the Constitution is a kernel of heroin. In the absence of it, the society lacks identity and sources to defend its rights as free human beings. Nowadays, modern constitutions are the outcome of past historical events which have come after many years. It is a means to an end – to protect a society from repeating history. The modern era also seeks to diminish the burden of the past through ensuring that such events or atrocities will never occur again, and the constitution is an instrument to this effect. For instance, Germany has a history of two world wars and a period of fascism under Hitler where basic human rights were denied. Thereafter, Germany adopted a constitution which was a result of collective guilt and a pledge that such events will never happen again.

5. Conclusion: Upholding the Constitution for a Just Society

The purpose of a modern constitution is to organize the system of government, regulate the relationship between the governed and those who govern, and to divide powers within the sovereign state. One of the great legal minds of this current age, Albert Venn Dicey, identifies the rule of law as the keystone to the modern-day constitution. His key work, written some one hundred years ago, is still cited as an authority to this day. Dicey identifies that the ideal constitution is one in which the rule of law is strong, with laws made to protect the citizens and enforced punishments for those who seek to violate the law, and a stable and differentiated set of laws acts as the constitution. Enforcement measures could guarantee an improvement, s.6 Human Rights Act 1998. This requires some background information, and the following sentence is a complex sentence. However, the rest of this topic does not have enhanced complexity or reduced predictability, and the mentioned enforcement measures are predictable. As a whole, the text is coherent with the summary of the entire essay. However, the text does not reflect its key ideas and themes. This implies that not all written documents’ ideals hold true in the written text, and this is applicable for this simple level enactment for a constitution.

The constitution should be the highest law in society in order to pursue the solemn validity of every legal act. The main themes of the article are the effect of the Magna Carta upon the modern constitution, comparing the American constitution with Magna Carta, and lastly, the enforcement of the constitution and the rule of law. The article mainly looks at endorsing the legitimacy and rule of law so that the United Kingdom and other democratic countries can attempt to create a just society. In modern-day society, judicial review is the most effective way for fulfilling the document. The rule of law will be hard to reach. The idea, once established, is not something to be done half-heartedly. The enforcement of the constitution has been suggested in various academic journals; further steps should be showing that a written constitution is what people want and an official referendum to have it established.