In this article you will learn about the Qualities of a Good Constitution in Political Science.
Qualities of a Good Constitution
According to R.W. Brewester, “A Constitution is the basic law of a state which outlines the framework and procedures of government, defines its functions and powers, provides how constitutional changes may be made and in a democracy, usually guarantees the citizens certain protections against arbitrary governmental actions. Whether in so called written or unwritten forms, a constitution serves as the formation of a state’s political institutions and practices.”
The following features or qualities stand identified as the hallmarks of an ideal modern Democratic Constitution :
- The Constitution must be systematically written and it should fully incorporate the constitutional law of the state.
- It should have the ability to develop and change in accordance with the changes in the nature and environment in which it operates.
- The constitution should be neither unduly rigid nor unduly flexible.
- It must include a chapter on Fundamental Rights and Freedoms of the people and provide a constitutional guarantee to it.
- It should clearly define the organisation, functions and powers of the government of the state, its organs, their inter-relationships and the limitations on their powers.
- It must provide for the organisation and well-functioning of a duly representative, responsible, responsive, accountable, limited (with defined powers and authority) and transparent government.
- It must provide for :
- Rule of Law and Supremacy of the Constitution.
- Decentralisation of powers.
- Independent and powerful Judiciary.
- A system of Local self-government.
- Method of Amendment of the Constitution.
- Machinery for the conduct of free and fair elections.
- The constitution must fully and clearly reflect the sovereignty of the people and should itself enjoy the status of the supreme law of the land.
- The language of the constitution should be simple, direct, clear and unambiguous. Standard terms should be used while defining the nature of organisation and powers of the government and other institutions.
- The constitution must empower the judiciary with the power to interpret, protect and defend the constitution and the fundamental rights and freedoms of the people against the possible legislative and executive excesses. In other words, it must create an independent judiciary enjoying the power of judicial review.
These are the main basic features/qualities which must be present in a modern constitution. A constitution with all these features alone can be regarded as a good constitution committed to secure all human rights of all as well as sustainable development of the society.
This article on Qualities of a Good Constitution in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.