New constitution - Assignment Example

Participation by right One criterion that is considered to be important in constitution making is participating in the whole process. This is seen as being legitimate. Public participation in the process of constitution making makes it desirable. Allowing the public to participate in the process of enacting a new constitution creates a stronger ground on which to stand. Logically we can state that the right to participate in the process of constitution making is derived from the meaning which is generally termed as democratic participation.

In the Human Rights Declaration made by the United Nations (1948, Article 21) and especially in reference to article 25 states that there is a right to participate in voting, affairs of the public and a right to the access of public service. One of the reasons that constitution making is important is because it is mostly about the distribution of power. Public participation that can be considered to be genuine includes allowing the people freedom of speech and assembly, social inclusion and personal security.

When the channels of communication are good and enhanced between every level of the society, a strong civil society and civic education then the process of constitution making is facilitated at a higher level (Lerner, 2011). . In this type of government the powers of authority are limited, written and the law restricts it so as to offer protection to the citizenry. To oversee this accomplishment there has to be a federal system in which there is division of power between the state government and the federal government.

Thus power is not wielded by one fraction, for example the constitution might give the federal government the power to make laws, tax people to raise money and to control an army while the rest of the powers are given to individual states. Through the constitution the government gets to be separated into branches: the judicial, legislative and executive branches. The jobs of each branch vary from one to the other. The executive branch is headed by the president. His /her work is to be the commander in chief of the armed forces, enforce laws and to conduct foreign affairs.

The Judicial branch has the job and mandate to make sure the constitution is upheld and the laws followed to the latter (Lerner, 2011). Checks and balances This idea of checks and balances is credited to Montesquieu and it helps the branches of government to cooperate, offer protection to minority from the majority and limit one branch of the government from becoming extremely powerful. This system enables the branches of the government to limit or check each other so that sharing of power is kept at a balanced level.

The president’s veto power can be used as a good example in this setting. The president can veto a bill and in the process limit the power of congress, but on the other hand the legislative branch of the government can overturn this veto by having a two-thirds majority in both of the house and hence the balance is maintained. The legislative