Every country is governed by a constitution, a set of rules that specify the nature of the government. All constitutions are aimed at protecting, not only the rights of people, but also those of the country. It contains different elements like the bill of rights, the principles of constitution, federalism, as well as the judicial review. This paper provides a detailed analysis of these elements.
The bill of rights takes into account the crucial rights of the people of a certain country. It is aimed at protecting all classes of people living in the country. Some of the rights/freedoms considered include the freedom of religion which asserts that all people have the right to worship and none should be denied this, regardless of the belief or day.
The right to bear arms allows all countries to establish their own security systems. The right of quartering of soldiers asserts that soldiers must not be quartered during the peaceful times.
The right of search and seizure holds that if there is no investigation of a crime that has taken place, then the court will not carry out any related analysis. It also takes care of the prisoners by holding that they cannot be punished before trial which should be systematic rather than speedy allowing no confrontation of witnesses.
It gives the jury the mandate of dealing with civil cases which in turn should not by all means pronounce a cruel or unusual punishment to the offender. It also specifies the body responsible for making it, highlighting the levels of powers it ought to allocate to both the state and people.
There are four principles of any constitution. According to Balmer, the principle of separation of powers, checks and balances asserts that the executive, judicial, and the legislative systems should have their powers separated, though serving one government (Para. 3). Federalism principle divides the larger body into smaller self governing bodies. The principle of limited government holds that the government should only do what its people allow.
The principle of judicial review addresses courts duties. Another addressed issue is the length of time that different people ought to serve in their positions varying from 2 years for house representatives, 6 years for senators, 4 years for the heads of states as well as electoral commission servants. The constitution also allows room for amendments, though this can take time before being effected as illustrated below using the U.S constitution that was ratified in the 19th century.
The constitution is less of words, efficient and difficult to change. It stands out as the most effective and oldest in the world. It existed during the 1861-1865 war. Since then up to date, it is only 27 successful changes that have been made in the section of the bill of rights.
This has been achieved by employing some laid down technical procedures like the formal amendment procedure which allows an amendment if two thirds of the house of congress and the legislature proposes the change. Another way of amending is through the review of the judicial and legislative systems. These two act if there is any crucial change as demanded by the people.
In conclusion, basing on the time of its ratification and its effectiveness, it is worthy noting that countries ought to adopt the principles as well as the elements that govern the U.S people.
Balmer, Vinil. “The Basic Principles of a constitution.” New York: McGraw-Hill, 2007.