Why is a constitution so important?

• represents a bridge between political culture and political institutions

 
• provides a basic political settlement between groups within civil society; an opportunity to provide mutual guarantees

 
• articulates fundamental law and a way of modifying it over time (amendment)

 
• delineates the structure, powers, and relationships of the major political institutions

 
• identifies rights (individuals or groups)

 

• the "parchment barriers" problem

1. Is the constitution written?

 
2. Did the constitutional writing and ratification process create opportunity for a true political settlement?

 
3. Does the constitution recognize rights or grant rights?

 
4. Does the constitution offer substantive guarantees or procedural guarantees?

 
5. What are the procedures for amending fundamental law? Same or different from adopting ordinary law?

 
6. Do ordinary citizens have standing to challenge the constitutionality of ordinary law?

 
7. Are heads of state/government given emergency powers?

 
8. Can government officials be held accountable for violations of constitutional provisions?