Why the Constitution Is Considered a Living Document
POL 120.0901
9/13/2014
Why the constitution is considered a “living document” The Constitution is a set of rules and regulations building up a document that provides explanations regarding the guiding principles of a country and which guarantees all citizens their rights (Amar 27). Many nations of the world have written and implemented their own constitutions. Nevertheless, a constitution is considered to be a living document for several reasons. Therefore, this paper focuses on a discussion of some of the reasons that explain why a constitution is considered a “living document”. A number of reasons explaining why a constitution is considered to be a living document include, the ideas of separation of power, checks and balances, judicial reviews and the process of amendment. In relation to the idea of separation of power a constitution is regarded to a living documents because this idea encompasses a model that defines who is in control of a state. This idea of separation of power emphasizes that several branches make up the state (Strauss 45). Each of the branches is unique and distinct from the other in terms of its responsibilities. Additionally, it exercises power independently to avoid conflicting with the other branches. The Judiciary, legislative and the executive are the commonly known branches of government and which the constitution ensures that they do not conflict but work together to unify the country (Amar 39). Checks and balances is another aspect that explains the view of a constitution as a living document. This idea ensures that there is no branch within the government acting as though it is the most supreme than others. In this case it provides protection to the minority from being exploited or manipulated by the majority. The checks and balances ensure that a system based regulation exists which ensures that a branch’s power is limited over other branches (Amar 70). The judicial review is basically a doctrine whereby the
9/13/2014
Why the constitution is considered a “living document” The Constitution is a set of rules and regulations building up a document that provides explanations regarding the guiding principles of a country and which guarantees all citizens their rights (Amar 27). Many nations of the world have written and implemented their own constitutions. Nevertheless, a constitution is considered to be a living document for several reasons. Therefore, this paper focuses on a discussion of some of the reasons that explain why a constitution is considered a “living document”. A number of reasons explaining why a constitution is considered to be a living document include, the ideas of separation of power, checks and balances, judicial reviews and the process of amendment. In relation to the idea of separation of power a constitution is regarded to a living documents because this idea encompasses a model that defines who is in control of a state. This idea of separation of power emphasizes that several branches make up the state (Strauss 45). Each of the branches is unique and distinct from the other in terms of its responsibilities. Additionally, it exercises power independently to avoid conflicting with the other branches. The Judiciary, legislative and the executive are the commonly known branches of government and which the constitution ensures that they do not conflict but work together to unify the country (Amar 39). Checks and balances is another aspect that explains the view of a constitution as a living document. This idea ensures that there is no branch within the government acting as though it is the most supreme than others. In this case it provides protection to the minority from being exploited or manipulated by the majority. The checks and balances ensure that a system based regulation exists which ensures that a branch’s power is limited over other branches (Amar 70). The judicial review is basically a doctrine whereby the