A Good Constitution Elements

Date:  2021-03-08 22:23:16
2 pages  (619 words)
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This essay has been submitted by a student. This is not an example of the work written by our professional essay writers.
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This essay has been submitted by a student. This is not an example of the work written by our professional essay writers.

A constitution contains a set of rules and guidelines that govern a given state (Monk, 2003). Africa after the post-colonial era experienced some divisions between the supporters of the colonialists, as well as those who opposed the colonial rule. A country that faces ethnicity needs a strong constitution that will ensure that there is stability. In this case, the country under study is excited about gaining its independence. The country is divided into the northern and southern regions. The north of the country has rich oil deposits. However, from this division, the population of the country is still divided into three distinctive ethnic groups. To ensure that the ethnic groups stay in harmony, the country needs to formulate a constitution that will govern it. The state should consider adopting the United States Constitution.

Elements of the Proposed Constitution

To begin with, the law ought to be codified. For the countrys stability, it ought to be governed by one law as opposed to several laws. Using a codified constitution ensures that there is the rule of law, and separation of powers. Secondly, the law should allow room for entrenchment. A constitution that is entrenched will have clauses that will ensure that the laws are not altered by the legislature during regular business days but allows for the laws to be amended by an individual, or an independent body (Raymond, 1845). An entrenched constitution will also ensure that fundamental rights are followed by all citizens and that the sovereignty of the different governments organs is independent.

Thirdly, the Constitution should have a clear distribution of freedom. Just like the Constitution of the United States, the proposed law ought to federal states where sovereignty is distributed among the regions. These areas are in turn allowed to have its constitution for unitary purposes. Despite the freedom to have their constitutions, the national government within the constitution should be permitted to collect resources from all regions, and distribute it fairly to ensure equitability in the whole country.

Separation of power is another element that the constitution should have. Power ought to be divided between the arms of the government which are judiciary, legislature, and executive. Separation of powers ensures that each arm of government works independently and that their duties do not interfere with other arms of government (Raymond, 1845). For every government to function properly, lines of accountability ought to be laid down. There ought to be some power where other arms report. For this constitution, the president ought to be utmost and overall being in the nation. All arms of the government ought to be accountable to the president. However, to ensure the arms of government work properly without too much interference from the president, the powers have to be limited. The president should also be given the patronage to hire and fire cabinet secretaries.

Also, there should be a state of emergency stated in the constitution. A state of emergency is declared when the rights of human beings are violated. In cases of civil war, a country can declare a state of emergency so as to try and calm down the nation. However, laws on the state of emergency should be formulated in such a way that they will not be used to suppress without taking into consideration the rights of citizens.

In summary, the constitution formulated should ensure that there is equitability, fairness, and abidance of human rights. A good constitution is one that ensures that there is stability in a country and that every region is given an equal share of the national resources.

References

Monk, L. R. (2003). The words we live by: Your annotated guide to the constitution. New York: Hyperion.

Raymond, D. (1845). The elements of constitutional law. Cincinnati: J.A. James.

 

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