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Constitutions can be seen as the backbone of the modern state.

The
popular image of constitutions is that they limit government power
(Heywood, 2007: 322). Consequently, the relevant aspects of
constitutions in constraining political practices relate to the values they
establish and stability they produce. However, various factors, such as
relevance and respect by rulers, influence the effectiveness of
constitutions.

In determining the effectiveness of constitutions one must first determine


how the relevant aspects of the constitution are intended to direct political
practice. Crucial amongst these aspects is the protection of freedom
through rights such as the freedom of expression and the freedom of
assembly. These rights function to clarify which areas are off-limits to
government (Heywood, 2007: 323). For instance, the Bill of Rights
explicitly states: the state must respect, protect, promote and fulfil the
rights in the Bill of Rights (1996). Government stability is another
important function of a constitution. By acting as a political map the
constitution allocates and specifies the roles of various state bodies. This
allows the various bodies to work cohesively and provides methods for
resolving conflicts (Heywood, 2007: 323). Finally, the constitution seeks
not only to be a framework but also an ideal for the state, and as such it
contains state values.

Yet are constitutions generally successful in organising and restricting


political activity? In South Africa, for instance, there is constitutional
supremacy in which the constitution is the highest law (Malherbe, 2006:
64). A concentrated system means constitutional issues are treated highly.
Yet for various reasons a constitution may fail to govern the government.
Without the support of the political culture a constitution often fails, such
as postcolonial states where constitutions were irrelevant to the societal
values. Related to this is the relevance of a constitution as time goes on
and the political landscape changes. Furthermore, if a current regime does
not respect the constitution there may be no reason to comply with its
rules (Heywood, 2007: 325).

The ideal constitution would succeed in its aim of controlling political


practice through protecting liberties and outlining state functions.
However, this success depends on the adherence of the nation,

particularly the current regime, towards the constitution. Otherwise it is


essentially useless.

References:

Heywood, A. 2007. Politics: Third Edition. New York: Palgrave


MacMillan
Malherbe, R. 2006. The Legal System and the Judiciary in Venter, A.
& Landsberg, C. (eds.). Government and Politics in the New South
Africa. Pretoria: Van Schaik: 61-81
Chapter 2 Bill of Rights. The Constitution of the Republic of South
Africa. Act 108 of 1996
Elkin, S. L. 2001. The Constitutional Theory of the Commercial
Republic. Fordham Law Review. 69: 5: 1935-1968

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