It will have a multi-faceted approach to safeguarding a constitution against amendments that may undermine the basic rights. Some of the key strategies include: Constitutional Safeguards Rigid Constitution: The rigidity of a constitution can be enhanced by making amendments in the constitution by spRead more
It will have a multi-faceted approach to safeguarding a constitution against amendments that may undermine the basic rights. Some of the key strategies include:
Constitutional Safeguards
Rigid Constitution: The rigidity of a constitution can be enhanced by making amendments in the constitution by special majority or through a referendum. This makes it difficult to change fundamental rights.
Judicial Review: A strong and independent judiciary can review the constitutionality of laws and amendments, thus not violating the fundamental rights.
-Fundamental Rights: The constitution can be difficult to amend in a way that erodes fundamental rights if they are clearly defined and protected.
Public Awareness and Participation:
-Civic Education: Educating the public about the importance of fundamental rights and the role of the constitution in protecting them.
-Active Citizenry: Encouraging citizens to participate in public discourse and hold governments accountable for upholding constitutional values.
-Civil Society Organizations: Supporting civil society organizations that monitor government actions and advocate for human rights.
Institutional Mechanisms:
Independent Commissions: Setting up independent commissions to oversee the implementation of fundamental rights and investigate violations.
Parliamentary Committees: Strengthening parliamentary committees to scrutinize legislation and government policies that may affect fundamental rights.
Media Freedom: Protecting media freedom to ensure independent reporting and public scrutiny.
Combining these strategies can, therefore, be effective in protecting a constitution as well as taking care of fundamental rights from degradation to build a just and fair society.
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The constitution replies on a model of structural, procedural and societal safeguarding so as to prevent comprehensible constitutional tampering that may render fundamental rights insecure and thus constitutional amendments do meet the requirements of the justice, equality, and human dignity. 1. EntRead more
The constitution replies on a model of structural, procedural and societal safeguarding so as to prevent comprehensible constitutional tampering that may render fundamental rights insecure and thus constitutional amendments do meet the requirements of the justice, equality, and human dignity.
1. Entrenchment Clauses: Some enlightenment to the above is that the constitution may contain provisions known as ‘eternity clauses’ that protect constitutions from alteration or repeal. For example, the basic law in Germany allows mostly justified prohibitions against changes to certain rights, tasks, and powers of the Federation and the Länder; against alterations in the principles of the division of powers between the Federation and the Länder; and against violation of human dignity.
2. Supermajority Requirements: Supermajority in the legislature means the decision enjoys the support of more than two thirds before changes are made. This rules out the possibility of a small majority to change basic rights at will.
3. Referendums: Assuming that some of the changes alter the basic rights of the citizens then those amendments must go to a referendum should pass through a test to enhance public acceptance.
4. Judicial Oversight: To be a guardian, the constitution court or supreme court may have the duty to look at the amendments proposed to the people in order to prevent the violation of the basic principles of the constitution.
5. Civic Engagement and Education: An educated and active populace is a good defense. Promoting constitutionalism helps citizens to develop the capacity to distinguish the violation of rights in order to prevent them.
6. Independent Institutions: Parliamentary and administrative ombudsmen, human rights commissions and independent free media can observe and prevent efforts that seek to erode those rights and hence enhance the constitution.
All these put together provide a strong basis for the defense of human rights from detractors on one aspect of liberal democracy.
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