Introduction to Government Policy: Constitution

Introduction to Government Policy and Urban Studies, Lecture 5: The Constitution

• A constitution is a set of fundamental principles, precedents, and guidelines that form the basis for a political entity.
• It outlines the structure, powers, and duties of the government, along with the rights and responsibilities of citizens.
• It acts as the supreme law, governing how the government functions, dividing power among branches (executive, legislative, judicial), and outlining procedures for lawmaking.

Components of a Constitution

• Preamble: Introduces the constitution, stating its purpose and guiding principles.
• Articles or Sections: Contains detailed provisions for government powers, citizen rights, and constitutional amendment procedures.
• Bill of Rights (if included): A section dedicated to protecting individual liberties and freedoms.

Why a Constitution is Needed

• Establishing Government Structure: Outlines roles and responsibilities of each government branch (executive, legislative, judicial), preventing disputes and confusion regarding power.
• Protecting Individual Rights: Guarantees equal treatment under the law, safeguards against discrimination and arbitrary actions by the government.
• Ensuring Rule of Law: Provides a predictable and stable legal framework for citizens, clarifies rights and obligations, and promotes transparency within the legal system.
• Limiting Government Power: Divides power among different levels, preventing over-centralization.
• Legitimizing Government Authority: Derives power from the people (constitutional assembly or referendum).
• Protecting Minority Rights: May grant autonomy or special protections to specific groups, such as regional, ethnic, or linguistic groups.
• Resolving Conflicts: Provides a legal basis for resolving conflicts between individuals, institutions, or different levels of government.
• Defining National Identity and Values: Reflects a nation's core values, principles, and identity.
• Guiding Political and Legal Evolution: Enables adaptation to changing social values and challenges.

The Three Branches of Government

• Executive Branch: Responsible for enforcing and implementing laws.
  • Key figures: President, prime minister, or monarch.
  • Functions: Enforcing laws, administering policies, managing defense, foreign affairs, and overseeing government operations.
• Legislative Branch: Responsible for creating, debating, and passing laws.
  • Key figures: Parliament, congress, or assembly (often bicameral or unicameral).
  • Functions: Drafting, debating, and voting on laws, controlling government spending, approving treaties/appointments, representing citizens' interests.
• Judicial Branch: Responsible for interpreting laws, ensuring conformity with the constitution, and resolving legal disputes.
  • Key figures: Courts (Supreme, appellate, lower). Judges and justices.
  • Functions: Interpreting and applying laws, reviewing constitutionality of laws/actions (if applicable), resolving disputes among individuals, organizations, and the government, and protecting citizen rights.

Types of Constitutions

• Written vs. Unwritten:
  • Written: Codified in a single document or set of legal texts (e.g. U.S. Constitution).
  • Unwritten: Based on customs, conventions, judicial decisions, and statutes (e.g. UK).
• Rigid vs. Flexible:
  • Rigid: Difficult to amend (e.g., US Constitution).
  • Flexible: Easily amended (e.g., UK Constitution).
• Unitary vs. Federal:
  • Unitary: Power centralized in a single national government.
  • Federal: Power divided between a central (national) government and regional governments.
• Monarchical vs. Republican:
  • Monarchical: Head of state is a monarch (absolute or constitutional).
  • Republican: Head of state is an elected official (president).
• Democratic vs. Autocratic:
  • Democratic: Emphasizes individual rights, popular sovereignty, and regular elections.
  • Autocratic: Power concentrated in a single ruler or ruling party, with little concern for popular participation or rights.

Entrenchment

• Entrenchment protects certain constitutional provisions from easy amendment or repeal.
• Entrenched provisions require specific procedures (supermajority, referendum) to be changed.
• Provides stability, protects fundamental rights, and preserves core principles from temporary political influence.

The UAE Constitution

• Adopts the principles of a federal system.
• Establishes Islam as the official religion, with Sharia law and customary laws as a part of the framework.
• Divides power among the federal government, federal supreme council, and emirates, while maintaining autonomy.
• Includes a constitutionally guaranteed range of rights and freedoms for citizens (including equality, freedom of expression, assembly, religion, movement, property, education, and healthcare based on Islamic values and national interests).
• Has a defined amendment process.
• Outlines a clear structure of a Federal Government.