A constitution is a set of important principles and laws whose main purpose is the protection of freedom and human rights. It regulates relations within society ensuring that every institution is governed and recognizes social justice. At the national level, a constitution is an act of higher legal force. It functions as the legal foundation and the main source of the national system. The paper studies the notion of a constitution and its role in the modern communities.
The Constitution and People
The constitution is the main document of every country. Despite its significance, people should not solely rely on the fact that it can provide a swift resolution to many problems in politics, economy, and society. In fact, it happens often when a country is unstable and fails to protect its citizens. Moreover, the constitution cannot strengthen security if people do not follow its principles. Thus, the effectiveness of a constitution depends on how well and accurately every citizen can implement its provisions and how they can organize life in accordance with its rules.
Definition of the Constitution
There are several meanings of the term “constitution.” The author also states that the second meaning embraces the fact that “constitution is a special type of political and social order”. In general, the constitution is the most important and fundamental political regulator, which has the highest legal force to guarantee security, smooth running of the state apparatus, and stable relationship within society and individuals in particular. The first definition was proposed by the ancient thinkers. For example, Carl Schmitt notes that the certain decrees of Roman emperors were called a constitution. In modern science, this term has two main meanings – actual and legal. The actual constitution is an existing foundation of the social and political order. Besides, it explains vividly the position of an individual, his or her rights, and duties in a particular country. The legal constitution is a document and the basic law that is adopted and amended in a special procedure. It has supreme legal force and a special object. Although in the vast majority of countries, the constitution is the only consolidated document, in a number of countries, such as Canada, the UK, Finland, Sweden, Austria, and Israel, it appears in the form of laws adopted at the different time. They consist usually of the set of rules, judicial precedents, and unwritten constitutional traditions. For example, in Oman, the Koran – the holy book of the Muslims – performs the role of the constitution. Therefore, practically every state has a unique constitution which controls liberties of citizens and governs the proper functioning of state institutions.
The Impact of the Constitution on People’s Lives
Despite the imperfection of many constitutions, it is still necessary to form constitutional laws. Undoubtedly, they have a great influence on people’s lives. It is important that they correspond to the actual life in society. These rights should be given to people from birth. No one can deprive others of their innate advantages. Indeed, every person wants a native country to take care of him or her and to provide not only the legislative framework but also the operation of the database in everyday life. The constitution might become a synthesis of international experience in the development of the country. It forms stable society and provides the citizens with cultural and spiritual practices. It is vital to understand that the constitution is one of the main conditions for the democratization of society.
The Constitution and People’s Rights
The political philosophy of modern times relates to the fact that the main purpose of government is to protect human rights and fight injustice. Every human right expresses the urgent needs of individuals, groups, society, nations, and humanity as a whole. A basic law of the state, the constitution, serves as the pivotal national mean of protection of human rights and freedoms. It determines the form of political control, the relationship between the citizens and state, and the establishment of rights and duties. According to Schmitt, the constitution distributes power and authority between the entities and institutions of political society and establishes procedures for their formation and interaction. If its laws become a valid expression of the will, in which the best form of the political organization of society is fixed and the balance of interests of all constituting elements of political society are taken into account, it is respected by all elements of the political system. Besides, its violation is perceived as a felony. However, the constitutions could have sometimes negative influence, especially when nations are forced to accept its rules. When it happens, people usually refuse to accept it trying to establish another basic law.
It is insufficient only to declare human rights and freedoms in the constitution and other legal instruments. Formally, many absolutist countries that guard human rights and freedoms have covered a greater variety of issues related to liberty compared to the bourgeois-democratic countries of the world. Thus, the English Bill of Rights consists of thirteen articles while the American Bill of Rights has ten amendments. In the Constitution of the Republic of Turkey, there are more than 70 examples. Therefore, it is necessary to work hard to create effective means of protecting the rights and freedoms of the individual. The civil society is considered to be the most successful and reliable mean. Its members are well-aware of all their rights and responsibilities. Moreover, they value human dignity proving in a daily life that they are willing to defend their rights.
Interest of Commitment to the Constitution
The constitution of every country is a historic document which reflects the practical rules of life. According to it, people need to act according to the principles of legal conduct every day. The basic law must be honored and respected. President, parliament, government, and common people should learn to act due to its rules and ensure the stability of the political system. The attitude to the basic law should not depend on the current alignment of political forces. Any changes in the constitution should have a well-considered nature. They should be prepared carefully on the basis of a broad public debate. All the changes should comply with all legal procedures. Respect of core values and awareness of their necessity to improve must be present in the work of the parliament, president, and people.
The constitution is a special legal document which consists of fundamental laws of the state that have supreme legal force. It enshrines the rights, freedoms, and responsibilities of citizens. In the life of the society and state, the constitution plays a special role. It is a basic legal act of the country which serves as the foundation of social and political relations and the guarantor of human rights and freedoms. Despite all its significance, the constitution cannot be higher than the citizens of the country. It should protect their legal interests.