1
Date: 08/28/2020
Name: Milan Dahal
Course: GOVT-2305-71403
Lecturer: Dr. Sharon Manna (North Lake Campus)
Constitutional Change
In the article “what belongs in a constitution?” Clarifies how constitution has a better role over creating law and legislatures. It examines the three main components which include: governmental structures and relations between the main powers and functions of government; basic values and commitments; and human rights. According to Gavison (2002), it is easier to regulate the constitution by use of regular laws rather than enacting a perfect one. It continues to justify that democracy and constitutionalism as being a good pair only when they involve effective mechanisms of enforcement. Some of the main principals have been expounded below.
Government structures have shown to be among the leading principals of constitutionalism and should be well regulated. Central control of the constitution leads to autonomy by the central government which might be internalized and meddled with (Gavison, 2002). Secondly constitutionalizing the Bills of Rights has come with many controversies, critics arguing against it stating its violation especially when courts declare laws unconstitutional and rule against their favor.
Thirdly, including Basic values and commitments has become harder over the years, it is seen as an important candidate as it promotes cohesion and inclusion of citizens. A great example is Israel. Lastly, on enforcement mechanisms, special courts exist to deal with questions of constitutionality which enhances legitimacy and transparency, the United States model has come to prove this. The author supports regime structure because of institutional stability because it ensures a more complex mechanism of change that would make amendments harder, therefore, give a sense of continuity and tradition. Even though the bill of rights might bring division than cohesion it is seen as a powerful candidate towards strengthening the constitution.
There is not much to add to this article apart from Freedom of speech, which is seen as a fundamental constitutional principle in many countries. People usually misinterpret the complexity of free-speech which has brought about confusion due to misinformation and lack of knowledge of its ins and outs. Free-speech suffers from individual interpretation biased by religion, affiliation, and age. Based on Collingsworth (2002), freedom of speech also constitutes the freedom of the press. After years of comprehensive research, fake news has had the influence of many events and also affected many lives. If properly managed it can be a tool that supports not only the improvement of people but the countries’ constitution as a whole. Many protests have erupted due to the lack of it. We have witnessed injustices being done where they lack freedom.
Enforcement mechanisms have a negative side to which if not correctly enforced leads to human rights violations such as wrongful arrests. Known governments have been accused in the International Criminal Courts for enforcing personal constitutional agenda. This has been a setback for constitutional growth. For a constitution to thrive transparency and the need for justified enforcement should be in the forefront.
Change is Inevitable
The US constitution has become outdated over the years. It is one of the oldest constitutions around the world and many democratic institutions have come to adopt new and different constitutions such as the Canadian Charter of rights and freedoms (Liptak, 2012). In an interview, Professor Law states the availability of newer, sexier, and more powerful operating systems in the constitutional marketplace.
There should be a right to education universally. This should guarantee that every student gets an equal chance to education. According to studies, not every student has the resources to secure formal or cheap education. Another important point introduces itself on the side of the availability and professionalism of teachers. Due to the inaccessibility of schools in remote areas and insecurity many students don’t get the ability to go to schools and also the teachers tend to shun those areas. All students must have equal opportunities to secure such chances.
A right to health care should also not only be accessible in the United States alone but to other nations. This includes medical care for diagnosis but treatment for those unable to pay. This should also be extended to subsidies for those requiring special treatment (Collingsworth, 2002). Affordable health care in the United States alone has proven to be a challenge, with medicine being extremely expensive and professional care for not only youths but the elderly costing enough to bankrupt the recipients of. That is why Obama-care has become a very contentious debate around the country.
Lastly, according to American Citizens, the Electoral College has failed them. They believe it is their constitutional mandate to have control over who they vote for and put as their president. Voters have complained of the lack of transparency in the Electoral College many having no background in political science and no idea on who the people behind the scenes conducting the whole procedure are (Shaw, 2008). It is only right that a countrywide educational awareness be carried out.
From the above discussion, the right to education proves to be the most important rectification due. This will make a comparatively big difference in that it touches on all the said topics discussed above. Change can only happen if the continual revision of these factors is seriously considered.
References
Collingsworth, T. (2002). The key human rights challenge: Developing enforcement mechanisms. Harv. Hum. Rts. J., 15, 183.
Gavison, R. (2002). What belongs in a Constitution?. Constitutional Political Economy, 13(1), 89-105.
Liptak, A. (2012). ’We the People’Loses Appeal With People Around the World. The New York Times, 6.
Shaw, D. R. (2008). The race to 270: The electoral college and the campaign strategies of 2000 and 2004. University of Chicago Press.