Theory question 103
Constitutions and Constitutionalism(a) What is a constitution?
(b) Why do some countries use written constitutions?
Show the model answer
Model answer
(a) A constitution is the body of fundamental laws, rules and conventions that establishes the organs of government, their powers and relationships, and the rights and duties of citizens.
(b) Any of:
1. Easy to consult in one document.
2. Clearly defines powers of each organ and level of government.
3. Necessary in a federation to divide powers.
4. Protects rights clearly; citizens know when rights are violated.
5. Rigid amendment gives stability; guards against arbitrary changes.
6. New states write constitutions at independence or after revolution.
7. Easy reference for courts in disputes.
Explanation
For (b) give reasons, e.g. federalism, new independence, protection of rights.