Functions of Constitutions

In a response to a story that I blogged about yesterday, New Yorker Magazine Senior Editor, Hendrik Hertzberg, takes issue with the claim that the US Constitution has become increasingly irrelevant as a model for constitution-builders worldwide. Hertzberg writes:

The problem is that the study focusses almost exclusively on rights—the individual and civil rights that are specified in written constitutions. But it almost totally ignores structures—the mundane mechanisms of governing, the nuts and bolts, which is mainly what constitutions, written and unwritten, are about, and which determine not only whether rights are truly guaranteed but also whether a government can truly function in accordance with democratic norms. Or function at all with any semblance of efficiency, effectiveness, and accountability.

In Chapter 6 of the Dyck text, we learn that there are five main functions of any constitution, the first one of which “to define the structure of major institutions of government.” Other major functions are:

  • To divide powers and responsibilities among the various institutions of government
  • To regulate relations between the citizen and the state (this is where rights–civil, legal, political, sometimes economic, social and cultural–are enumerated)
  • To serve as a political symbol
  • To specify a method for amending the constitution

What does the study in question say about whether the US Constitution is being used as a template in these other areas? You’ll have to wait until the study is published in June of this year to find out.

 

 

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