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Is the Us Constitution Past Its Sell by Date

Autor:   •  April 26, 2014  •  Essay  •  435 Words (2 Pages)  •  1,007 Views

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The general purpose of a constitution is to set out a definitive legal foundation which the political functions of a state are established upon. Therefore, constitutions are invariably recognised and praised for facilitating political stability and ensuring the liberty and rights of individuals. There is no existing unified consensus on the structure constitutions should take as there are a variety of forms of constitutions. For instance, the British constitution is considered to be unwritten as it is not one single codified document but rather consists of a numbers of acts of parliament. Britain's constitution is flexible in that it is easily amendable and alterable and therefore allows for easier development as times change and society progresses (Finer, Bogdanor and Runner 1995: 12). Contrastingly, the fully written constitution of the United States is difficult to amend as a result of its democratic limitations ((Finer, Bogdanor and Runner 1995: 12). Thus, before all else it is imperative to acknowledge the variations in the nature of constitutions

The purpose of this essay is to assess if the constitution is compatible with the running of a modern democratic state. With its conception in 1787 and full implementation in 1789, the US constitution serves as an example of great constitutional organisation. Since its outset it has operated as the final arbitrator in political disagreement and still continues to act as the decisive source of legal authority in the U.S. Considering that the constitution was written at a time that is vastly different to the one we are currently in, the extent to which the constitution is an effective guide in a modern democracy is contentious and debatable. In this essay I will proffer arguments that both repudiate and support the assertion that the constitution is compatible with a twenty first century democracy. On the whole, what is evident is that when concerning legal jurisprudence and political organisation


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