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The Importance Of The Constitution Essay

990 words - 4 pages

It is important to keep in mind that a term constitutional state theoretically differs from the constitutional democracy, as it does on practice. Any form of government together with electorate may establish a constitution. The bright example of that is totalitarian communism and its formal progressive constitution. There are many more other autocratic regimes around that match those criteria. In simple terms, even if such system applies the laws of constitution and follow all the prescribed rules with the support of the state apparatus and courts, it is only a rule-of-law state or rechtsstaat. It is called a dictatorship, and neither constitutional democracy nor democratic state with the ...view middle of the document...

At this point, it would be right to focus on the opinion of American judge Learned Hand: “I often wonder whether we do not rest our hopes too much on constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it.” If to consider a constitution in more broad perspective, it does not only provide laws, it stipulate the nature of relationships between the state and its citizens. It can be seen that a constitution defines the common goals, main principles, honors and values of its nation based on the history, culture and even mentality. Apart from the legal relationships, a constitution also shapes the uniqueness of the state and its citizens.
It is very difficult to establish judicial constitutional review and a relevant court in an empty place since it leads to the sudden redistribution of power, which in turn implies for the parliament and executive organs giving up some of the power to new center of power. Consequently, this would impose new limitations in form of judges and lawyers who dictates what one can and cannot do. Undoubtedly, accusations of interference in politics will emerge at that point. The creation and subsequent implementation of judicial constitutional review demands years of hard-working.
It must be said that the constitutional court with its attributes and competences is exposed to work closely with politics at every step, including the appointments of judges, their mandates and the competences of the court itself. Moreover, if it has more advanced and deeper competences such as constitutional review of political parties, settlement of election disputes, and authorisation of impeachment of persons in power, the court will face politics wherever it looks. Nevertheless, that must not make the...

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