Explain The Limitations Of The Constitution

The Constitution is the system of laws, principles and customs that define the infrastructure and power of the state while also acting as a regulator with regards to the government’s relation with the citizens. As Democracy is associated with high standards of legal protection of equality it is clear how theorists see it fitting together with Constitutionalism hand in hand . With the codification of such provisions it provides citizens with the ability to hold the state responsible for infringement upon their fundamental rights which subsequently creates an effective system of restraint on government action. However this essay will further highlight the limitations of the Constitution such as its inability to enforce respect for the rights
One perspective suggests that in democracy the law of the majority can easily be corrupted or become a tyranny, hence the requirement of the Constitution’s process of organising the separation of power by centralising it to legislation acting as a check and balance process. Although it is possible to make changes to the piece of legislature the procedure is arduous; in the US it requires a proposal by Congress with a two third majority vote in the House of Representatives as well as the senate or through a convention called by two-thirds of the State
While the constitution does provide the necessary foundation to the protection it is the parties and executive powers who arguably provide the action required for it. While there are other forms of implementing rights such as the Human Rights Act this legislature only covers civil and political rights such as the rights to free and fair elections whereas a Bill of Rights, which is often alongside the Constitution, also provides social and economic rights. Hence the importance of parties as this right protecting legislature requires support from parties to be passed. With the motivation of election they often commit to the protection of rights for certain groups, such as Labour and the working class. The Federal infrastructure of the American Government also impacts rights. Within the US government each three authoritative bodies possess the power to veto legislature. The 2008 Authorisation bill, which would have made waterboarding an illegal act, was vetoed by Bush again under the premise that it goes against national security. Furthermore the issue of interstate laws being enforced, demonstrated by the 1830-1866 Anti-free speech law in North Carolina illegalising the publishing of any literature disagreeing with slavery, illustrates the effect of the formation of democratic governments on rights protection as the government is clearly capable of