Every country has a constitution of some sort that outlines the government’s
structure. A constitution is simply the set of rules that govern how
power is distributed and exercised. In other words, these rules structure the
government of a state. Without such a set of rules, the state could not function and
anarchy would reign. Although no constitution can cover every possible question or
issue, all states need to spell out at least the fundamental matters of the
distribution and use of power.
Written and Unwritten Constitutions
Some constitutions—such as that of the United States or the Basic Law of
Germany—are codified into written documents. In other states, such as the United
Kingdom, the constitution consists of many documents, laws, court rulings, and
traditional practices that have never been compiled into a single document. But
in every case, custom, history, and tradition play an important role.
Constitutional Design
Strong constitutions share three characteristics, or principles, of
constitution design:
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Attentive to tradition: People prefer rules that resemble
past rules. They are unlikely to follow a new set of rules if it differs
widely from what they are used to doing. This principle holds particularly
true for customs that have existed for a long time.
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Open to change: A constitution should be amendable.
Although it should not be too easy to change, making a constitution too
rigid may straitjacket future leaders, who may deal with dramatically
different circumstances.
Example: The U.S. Constitution has
been amended nearly thirty times, allowing Americans to adapt their
structure of government to changing mores, beliefs, and practices. The Bill
of Rights was the first set of amendments. Other amendments include the
Thirteenth Amendment, which made slavery illegal in 1865, and the Nineteenth
Amendment, which gave women the right to vote in 1920.
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3. A harness to personal ambition: In a good government,
the leaders have a strong incentive to prioritize the country over personal
ambition. A good, strong constitution creates a situation in which the
leaders’ ambition leads them to work for the public good, not for personal
gain. Without such incentives, rulers, elected or otherwise, may very well
ignore the public good.
Although these three principles of constitutional design help ensure solid
governmental structures, ultimately they are merely guidelines. Some successful
constitutions do not include them, and a number of states have succeeded in
imposing governments that differ greatly from tradition. Unfortunately, any
radical departures from tradition or history usually require violence.
Example: After a fourteen-year war to
gain independence from Portugal, Angola entered into a decades-long civil
war to determine which ethnic political party would head the country.
Intervention from other nation-states, which favored one party over another
and wanted to see their favorite gain dominance, exacerbated the violence.
Length of Constitutions
Some constitutions are short documents. The U.S. Consti-tution, for
example, covers only a few pages. Others are lengthy. The Basic Law of
Germany, for example, is roughly five times as long as the U.S.
Constitution. As a general rule, older constitutions are shorter than newer
constitutions.
Example: In the United States,
state constitutions are frequently far longer than the federal one,
which was ratified in 1789. In part, this is because most state
con-stitutions were written after the federal one. Even states that
predate the federal Constitution have rewritten their constitutions,
sometimes more than once.
The Advantages of Vagueness
Constitutions, particularly short ones, tend to be vague in their
contents. Vague constitutions have two advantages:
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They easily adapt to changing circumstances. Social
and political circumstances sometimes change very rapidly, and an
excessively specific constitution can create problems if a new political
era dawns.
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They foster cooperation. Vague constitutions
encourage political leaders to work together to determine the specific
policies through negotiation.
Example: The vague U.S.
Constitution has encouraged political leaders to work together through
congressional committees. These committees have become a hallmark of the
American democratic process.
