Constitutional Change And The Role Of Law, Human Rights, And

Constitutional Change and the Role of Law, Human Rights, and Enforcement Mechanisms

Constitutional change is a critical facet of maintaining a nation's legal and democratic integrity. The article “What Belongs in a Constitution?” explores the multifaceted role of constitutions, emphasizing their significance over ordinary laws by establishing foundational governmental structures, core values, human rights, and enforcement mechanisms. Gavison (2002) posits that regulating constitutional principles tends to be more effective through laws rather than attempting to craft a perfect constitutional framework from the outset. He further advocates that democracy and constitutionalism function optimally when supported by robust enforcement mechanisms.

One of the primary components discussed is the structuring of government institutions and their interactions. Well-regulated governmental structures foster stability, but excessive central control can infringe on autonomy and lead to rectifiable internal interference, as Gavison highlights. The inclusion of constitutional Bills of Rights has generated controversy, mainly revolving around the tension between individual freedoms and governmental authority when courts declare laws unconstitutional. Incorporating core values and commitments is increasingly essential for social cohesion and citizen inclusion, as exemplified by Israel’s constitutional model.

Enforcement mechanisms are vital for upholding constitutional legitimacy and transparency. Specialized courts, such as constitutional courts in the United States, are designed to arbitrate questions of constitutionality, ensuring judicial oversight. This institutional arrangement fosters confidence in the legal system and guards against abuses. The regime structure’s emphasis on institutional stability underscores the importance of providing a mechanism of change that makes amendments difficult, thus maintaining continuity and tradition. While the Bill of Rights can generate division, it is instrumental in fortifying the constitution's role in protecting fundamental rights, primarily when interpreted as safeguarding freedoms like speech.

Freedom of Speech and Its Challenges in Modern Democracies

Freedom of speech, a cornerstone of modern constitutional democracies, often faces misinterpretation and misuse. Collingsworth (2002) emphasizes that free speech encompasses not only individual expression but also the freedom of the press. In the digital age, misinformation and fake news pose significant threats, fueled by individual biases shaped by religion, political affiliation, and age. Proper management of free speech is crucial for societal development and the integrity of the constitutional framework.

Protests and social movements underscore the importance of free speech, yet enforcements are sometimes fraught with human rights violations, such as wrongful arrests. Governments accused of misusing enforcement to suppress dissent weaken public confidence and undermine constitutional growth. International criminal courts have sometimes prosecuted governments for exceeding constitutional bounds in suppressing free expression, illustrating the delicate balance that must be maintained. Transparency and justified enforcement are essential for the sustainability of constitutional principles.

Necessity of Constitutional Reforms in Evolving Societies

The US Constitution, being one of the oldest, has become increasingly outdated amid societal evolution. Countries like Canada have adopted newer legislative frameworks, such as the Canadian Charter of Rights and Freedoms, which better reflect contemporary values (Liptak, 2012). Professor Law emphasizes the importance of updating constitutional provisions to incorporate modern issues, including the universal right to education and healthcare. Such rights are foundational to social equity; however, disparities remain worldwide, especially in remote regions, where access to quality education and healthcare is limited.

Educational rights necessitate universal access, ensuring equality regardless of geographic or economic barriers. Properly trained teachers and infrastructural development are critical for expanding access, particularly in underserved areas. Similarly, healthcare rights involve comprehensive medical services, including maintenance, diagnosis, and treatment, especially for vulnerable populations. The rising costs of healthcare in the United States exemplify the need for systemic reform, as seen with debates surrounding Obamacare and the affordability of medication and professional care (Collingsworth, 2002).

Electoral Systems and Democratic Legitimacy

In the context of electoral processes, many American citizens critique the Electoral College, arguing it diminishes transparency and democratic representation (Shaw, 2008). The lack of clear understanding and perceived disenfranchisement calls for educational reforms to foster awareness about electoral mechanisms. An informed electorate can better participate in the democratic process, vital for national legitimacy and evolving constitutional practices.

In conclusion, constitutional change is an ongoing process that demands careful revision of governmental structures, rights provisions, and enforcement mechanisms. Advocating for rights such as education and healthcare, alongside transparent electoral systems, promotes social justice, stability, and democratic legitimacy. As societal needs evolve, so must constitutional frameworks, ensuring they remain relevant, inclusive, and capable of safeguarding human rights and democratic principles.

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.
• Shaw, D. R. (2008). The race to 270: The electoral college and the campaign strategies of 2000 and 2004. University of Chicago Press.
• United States Constitution. (1787).
• Collingsworth, T. (2002). The key human rights challenge: Developing enforcement mechanisms. Harvard Human Rights Journal, 15, 183–194.
• Eckert, A. (2014). Constitutional reform and democratization: Cases from contemporary Latin America. Journal of Democracy, 25(2), 89–102.
• McCrudden, C. (2008). Human dignity and judicial interpretation of human rights. Oxford Journal of Legal Studies, 28(4), 656–685.
• O’Neill, P. (2013). Constitutional amendments: The legal and political process. Journal of Politics & Law, 6(1), 45-59.
• Vile, M. J. (2018). Constitutional law: individual rights. LibertyFund.