Fundamental Issues Regulated in a Constitution FUNDAMENTAL VALUES AND PRINCIPLES IN A CONSTITUTION THE POLITICAL SYSTEM OF A COUNTRY GENERAL ISSUES TO BE REGULATED IN A CONSTITUTION SPECIFIC ELEMENTS TO THE SPECIAL SITUATION IN A COUNTRY Arafat Ali Arafat Ali

I. Fundamental Values and Principles in a Constitution The nature of the state as democracy; the nature of the state as republic or parliamentary monarchy; the structure of the state as unitary, decentralized or federal; sovereignty and independence; the rule of law; the economic system of the country. The respect of human rights; the commitment to a state religion or the secular or laical nature of the state; good governance the commitment to social principles.

II. The Political System of a Country Monarchy: in a monarchy an individual king or queen rules as head of state, usually for life or until abdication. Theocracy: a theocracy is a state which is based on a certain religion and in which the head of state enjoys a special religious legitimacy. Republic: in a republic it is the people who are sovereign. The head of state is usually determined by the people, even though that does not necessarily mean that it is through democratic processes.

III. General Issues to be regulated in a Constitution The bill of rights Civil and political rights Economic, social and cultural rights Solidarity rights Group rights or minority rights

III. General Issues to be regulated in a Constitution The bill of rights The internationalization of human rights: Human rights treaties The united nations Mandatory arms embargo Mandatory sanctions

III. General Issues to be regulated in a Constitution 2. Duties of the individual citizen The duty to serve in the military the duty to vote Defend the constitution, protect the security and independence of the state, Obey the law, Pay taxes, Respect the rights and culture of others,

III. General Issues to be regulated in a Constitution 3. State finances A. Levying of taxes - Income/ profit - Property - Goods and services B. The national budget C. Auditing of the national budget

III. General Issues to be regulated in a Constitution 4. Economic system Planned economy A planned economy is an economic system in which the government manages the economy. Thus, the central government takes the fundamental decisions on the production and consumption of goods and services. Market economy a market economy is an economic system based upon the free choices of the individual market participants in which the prices of goods and services are determined by supply and demand

III. General Issues to be regulated in a Constitution 5. Defense and security issues One of the most fundamental responsibilities of the state is to guarantee the security of the country and thus the people living in it. This includes the protection of the state against dangers from the outside or from insurgencies within the country, as well as the protection of individual citizens from each other or even from agents of the state.

III. General Issues to be regulated in a Constitution 5. Defense and security issues Military Police Other security services Emergency powers

III. General Issues to be regulated in a Constitution 6. Territory and symbols Territory every state has a demarcated territory which is essentially the physical space in which state authority is exercised. The people (citizens) Symbols

IV. Specific Elements to the Special Situation in a Country Such specific problems can vary widely, and can cover topics such as: Ethnic diversity, Land reform issues, Reconciliation between former conflict parties, Disarmament of former conflict parties, Territorial Integrity, irredentist claims and secession, The Integration of traditional structures and customary law in a constitution.

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