What Belongs in a Constitution?

Author: Gavison R.

Source: Constitutional Political Economy, Volume 13, Number 1, March 2002 , pp. 89-105(17)

Publisher: Springer

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Abstract:

The essay argues that the content of constitutions should derive from its political functions: granting stability and legitimacy to government. There are three main candidates for inclusion in constitutions: regime arrangements, human rights, and general credo. All constitutions must include institutional arrangements. The level of detail and entrenchment may vary. There are important reasons for including Bills of rights in constitutions, but attention should be given to their mode of entrenchment and enforcement. Credos should only be included in constitutions if they are widely shared. In principles, constitutions should specify their modes of amendment and enforcement. If a society cannot have a widely-agreed constitution, it may be better to defer its enactment until such broad agreement is possible.

Language: English

Document Type: Regular paper

Affiliations: 1: Haim H. Cohn Professor of Human Rights, Faculty of Law, Hebrew University in Jerusalemmsgav@pluto.mscc.huji.ac.il

Publication date: 2002-03-01