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R E F E R A T

The Constitution ( Concept and basic fonts )

The state regulates the behaviour of individuals in society by providing rules to be obeyed ( criminal law ) and procedures for them to solve disputes among each other (civil law). There are also law which enable citizens to take legal action against the state -; against, for example, a public authority or even against the government itself. These actions are part of constitutional law. Most countries have a formal written Constitution describing how laws are to be made and enforced. The French Constitution for example, sets a seven year term of office for the president ; the U.S. constitution sets a four year term. In switzerland, a referendum ( national vote ) must be held on any issue for which a petition signed by 10,000 people has been gathered ; in Ireland, referenda are to be used only in the case of changes in the constitution itself. In Germany, a change in the constitution requires a special majority vote in parliament,

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not the simple majority necessary for other laws. Many other countries put the constitution above other laws by making it difficult to change.

One of the reasons for having constitutional laws is to prevent governments from becoming too powerful and from interfering too much in the lives of individuals. Whereas socialist legal systems have tended to try to define what the state allowed citizens to do, Anglo-American law has been more concerned with defining what the state could do, arguing that citizens are entitled to do everything other than that which the state forbids. As a check upon overpowerful government most modern constitution have adopted the principle of separation of powers, developed in the 18 century by the French political philosopher Montesquieu. He argued that in order stop governments from becoming too powerful the functions of the state could be divided into policy formulation and direction ( executive ), lawmaking ( legislative ), and interpretation and application of the law ( judicial ). These functions should be carried out by separate institutions, and there should be a balance between them. In the United States, for example, the president ( executive ) is elected by the people and attempts to carry out his policy promises through a presidential office of advisers. The Constitution gives him many important powers, such as control of the armed forces and appointment of Supreme Court justices, but many of his decisions and all new legislation must be approved by a majority in Congress ( legislature ), which is also elected by the people. Many presidents have had important policies blocked by Congress. The Supreme Court ( judiciary ) has the task of interpreting laws which have been disputed in lower courts and of deciding whether a law passed by Congress or by one of the individual states is in keeping with the Constitution.

Most constitutions describe the fundamental rights of citizens. These usually include general declarations about freedom and equality, but also some specific provisions -; for instance the Fifth Amendment of the American Constitution, which exempts a witness from answering a question in court if he states his answer, might reveal his own criminal guilt.

It can be difficult to compare the legal freedoms of countries with different cultures and economic levels, but some comparison is possible since many countries have similar constitutional provisions and claim similar aims . To give an example, we can consider the provision of separation of powers : Ferdinand Marcos provides a typical

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case of overcentralized power. He came to power with poplar support and many reforming ideas but steadily reduced the rights of the Filipino citizens and his family took over most of the executive, legislative and judicial functions of the state.

We can also consider the right of citizens to say and write what they want and to take part in public meetings and demonstrations. Even in countries where criticism of the government is freely permitted there are many differences. In Britain, the 1968 Public Order Act requires advance notice of peaceful protests, even if thev do not obstruct other people in any way. In addition, the police may order the protesters to move or break up if they anticipate serious disruption of community life. These laws are more restrictive than those in most European countries, and they are stricter than the pre- 1968 laws.