Transcript L8 Fundamental Issues Regulated in a Constitution

FUNDAMENTAL ISSUES REGULATED IN A CONSTITUTION
 FUNDAMENTAL VALUES AND PRINCIPLES IN A CONSTITUTION
 THE POLITICAL SYSTEM OF A COUNTRY
 GENERAL ISSUES TO BE REGULATED IN A CONSTITUTION
 SPECIFIC ELEMENTS TO THE SPECIAL SITUATION IN A COUNTRY
Arafat Ali
I. FUNDAMENTAL VALUES AND PRINCIPLES IN A
CONSTITUTION
The nature of the state as democracy; the nature of the state as republic or
parliamentary monarchy; the structure of the state as unitary, decentralized or
federal; sovereignty and independence; the rule of law; the economic system of the
country.
The respect of human rights; the commitment to a state religion or the secular or
laical nature of the state; good governance
the commitment to social principles.
II. THE POLITICAL SYSTEM OF A COUNTRY
1. Monarchy: in a monarchy an individual king or queen rules as
head of state, usually for life or until abdication.
2. Theocracy: a theocracy is a state which is based on a certain
religion and in which the head of state enjoys a special religious
legitimacy.
3. Republic: in a republic it is the people who are sovereign. The head
of state is usually determined by the people, even though that does
not necessarily mean that it is through democratic processes.
III. GENERAL ISSUES TO BE REGULATED IN A
CONSTITUTION
1. The bill of rights
Civil and political rights
Economic, social and cultural rights
Solidarity rights
Group rights or minority rights
III. GENERAL ISSUES TO BE REGULATED IN A
CONSTITUTION
1. The bill of rights
The internationalization of human rights:
Human rights treaties
The united nations
Mandatory arms embargo
Mandatory sanctions
III. GENERAL ISSUES TO BE REGULATED IN A
CONSTITUTION
2. Duties of the individual citizen
The duty to serve in the military
the duty to vote
Defend the constitution,
 protect the security and independence of the state,
Obey the law,
Pay taxes,
Respect the rights and culture of others,
III. GENERAL ISSUES TO BE REGULATED IN A
CONSTITUTION
3. State finances
A. Levying of taxes
- Income/ profit
- Property
- Goods and services
B. The national budget
C. Auditing of the national budget
III. GENERAL ISSUES TO BE REGULATED IN A
CONSTITUTION
4. Economic system
a) Planned economy A planned economy is an economic system in
which the government manages the economy. Thus, the central
government takes the fundamental decisions on the production and
consumption of goods and services.
b) Market economy a market economy is an economic system based
upon the free choices of the individual market participants in which
the prices of goods and services are determined by supply and demand
III. GENERAL ISSUES TO BE REGULATED IN A
CONSTITUTION
5. Defense and security issues
One of the most fundamental responsibilities of the state is to
guarantee the security of the country and thus the people living in it.
This includes the protection of the state against dangers from the
outside or from insurgencies within the country, as well as the
protection of individual citizens from each other or even from agents of
the state.
III. GENERAL ISSUES TO BE REGULATED IN A
CONSTITUTION
5. Defense and security issues
a) Military
b) Police
c) Other security services
d) Emergency powers
III. GENERAL ISSUES TO BE REGULATED IN A
CONSTITUTION
6. Territory and symbols
a) Territory every state has a demarcated territory which is
essentially the physical space in which state authority is exercised.
b) The people (citizens)
c) Symbols
IV. SPECIFIC ELEMENTS TO THE SPECIAL SITUATION
IN A COUNTRY
Such specific problems can vary widely, and can cover topics such as:
Ethnic diversity,
Land reform issues,
Reconciliation between former conflict parties,
Disarmament of former conflict parties,
Territorial Integrity, irredentist claims and secession,
The Integration of traditional structures and customary law in a constitution.
QUESTIONS?
COMMENTS
Arafat Ali