Skip to content

Political Science · Ch 1 — Constitution: Why and How?

The substantive provisions of a constitution

1.2

The substantive provisions of a constitution

How a constitution came into being is not the only thing that determines its authority — what the constitution actually says matters just as much. It is the hallmark of a genuinely successful constitution that its content gives everyone in society, not merely the group that happens to hold power, some real reason to go along with it. A constitution that allowed permanent majorities to oppress minorities, or that systematically privileged some members of society at the expense of others, or that entrenched the power of small groups, would give the disadvantaged no real reason to accept it — and if any group feels its identity or interests are being permanently stifled by the constitutional order, that group has little reason to keep abiding by the constitution's rules. No constitution, by itself, can achieve perfect justice, but it does need to convince people that it provides a genuine framework for pursuing basic justice. …