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Success follows any programmes if its prescribed rules are followed properly. Similar is the case with the administration of a country because we find that all the countries at large, except England, have written constitutions to have their affairs run properly. Although England has no written constitution to follow, it works with conventional laws founded from the early times. The constitution of the United States of America, adopted in 1787, is the oldest of all. Constitution is amended and perfected as per the changes in circumstances and necessities.
We find that a constitution of the country embodies a basic point laid in it, which defines the system or the form of the government it has- unitary or federal, dictatorial or democratic, etc. Since a constitution is the most authentic political and legal document of the land, it limits the power of government, protects people's rights and delegated power between different offices. The constitution is the supreme law of the country and all other laws are subordinate to it. Any laws inconsistent with the constitution are declared void to the level of their inconsistency.
The following are the functions of constitution:
The following are the bases for drafting the constitution:
Generally, constitution is of two types as:
Britain is being governed according to the prevailing practices, traditions, norms, and values. Thus, there is no written constitution in Britain. Other countries except Britain have written constitution. The USA drafted its constitution in 1787 AD which is the oldest constitution of the world.
A constitution provides for the chief organs of government, like the executive, legislative and judiciary, their power sharing and guarantees for the people's fundamental rights. The constitution is formulated with due regards to the people's rights and their will and the need of the nation. It reflects the characteristics and aspirations of the state. The constitution is essential for the preservation of people's rights and justice, to fulfill the wish of the people and to direct the nation to a specific goal.
Constitution reflects the characteristics and aspirations of the state as constitution provides for the chief organs of the government, like the executive, legislative and judiciary and guarantees for the people with fundamental rights. It also formulates action regarding the people's rights and the need of the nation. It acts as a backbone for the development of the country and depends on how the laws are formulated and carried out.
Peoples power is similar to government power as they both are trying to preserve the rights and wishes of people and direct the nation to a specific goal.
People's power and government power is different as in people's power, the rules and regulation are made by themselves but in government's power the authority of making the rules and regulation is given to a group or a person.
According to me, the most important features of an ideal constitution are given below:
Constitution is the main law of a country. The laws of the nation depend on the written constitution of the nation. It is said that the constitution is the mirror of the nation because the rule of the nation will be as the written constitution of Nepal. It gives the validity to the power of the nation as it is mentioned in the constitution. No one will be greater than constitution. It fixes the shape and size of the government. The co-ordination organs are determined by the constitution. Any law against the constitution is not accepted. The constitution plays the leading role in rules and regulations. So, it is called the fundamental law of a country.
If I am involved to construct the new constitution of new Nepal, I could finalize the draft of the constitution in following ways:
a. I would take and collect the opinions and ideas of the people in the different places.
b. I would ask the problems of different castes, groups, ethnic groups and back warded classes.
c. I would draw the points from the raw data and make a list.
d. I would discuss with the other members of the drafting committee.
Government's power is governance power and people's power is the power to select the best possible representatives for the best leadership of a democratic country. These powers have the following similarities and dissimilarities.
|Government and people both work as per subject's will.||Government can change but people remain the same.|
|Both can punish the people who are against the country's development or are unwanted elements of the country.||Government's power is not only directed by laws but people's power is directed by the laws. People can protest against governance, laws and even constitution if they are unfriendly with them.|
|National development, security, prosperity, independence, etc. are the common goals of government and people.||People can form a government but government cannot form people.|
The function of constitution as follows:
When I asked the meaning of constitution to the intellectuals, lawmakers and gentleman of my community they gave the following answers:
Intellectuals: Constitution is the supreme law of the country being governed. It represents wishes of all the people and divides the power among the organs of the government.
Lawmakers: Constitution is the fundamental law of the country, which records the fundamental principles according to which a country is governed.
Gentlemen: A constitution is a document that records the fundamental principles to govern, develop and sustain the country.
Layman: It is the fundamental law of the country.
Farmer: It is the law prepared for the development of a country.
My view: Constitution is the supreme law of the land according to which a country is governed. It represents all the people, promotes and preserves nationality, national integrity, religious diversity, independence and indivisibility. It distributes the power of the government among its organs.
Conclusion: constitution is a document of the land that records the fundamental principles according to which a country is governed. It determines the structure of the government as well as legalizes its power by defining it. It limits the power of the government, protects the people's right, distributes the power among the organs of the government, manages the use of state authority, and protects the rights of the government as that of people.
The following are the bases for drafting the constitution:
Constitution is the main law of the nation. The law of nation totally depends on the written constitution of any nation . It is said that constitution is called the mirror of the nation because the rule of law will be as the written constitution . It gives validity to the power of the nation . No one will be greater than the constitution . It fixes the shape and sizes of government . The coordination organs are determined by the constitution . The constitution plays leading role in rules and regulations . So , the constitution is called the main law of the nation .
According to whom, power should be duly separated in order to prevent absolutism?