The Nature of Constitutions

Abstract

A nation’s political constitution consists of durable procedures and constraints that define the methods and limits of lawful governance. The procedural aspects of a constitution include the general architecture of the government—the legislature, executive, and court system—and the duties and powers of the constituent parts of government. Constitutional procedures also specify, at least in a general way, how persons are to be selected for important official positions within government and what their general responsibilities are. The constitutional procedures of a democracy include its electoral rules for selecting representatives and its procedures for making policy within the elected government. A democratic constitution may also constrain the proper domain of governance by requiring government to address certain policy issues and refrain from others. The latter are often characterized by a “bill of rights,” which stipulates areas in which private decisions or those of other levels of government are to be protected from central government intrusion.