formal aspects of structuring a constitution The system of structuring a constitution The division of a constitution into different sections The intensity of the regulations of elements in the constitution The enforceability of provision in a constitution Arafat Ali Arafat Ali

Introduction There is no uniform practice on how a constitution can be structured in detail. However, certain common parts of constitutions may be distinguished and thus a typical system of structuring a constitution is presented here.

The system of structuring a constitution The system of structuring a constitution Generally, the skeleton of a constitution adheres to the following default system for structuring bills that might be classified in: Preamble preliminary provisions bill of rights organization of the state security constitutional guarantees final provisions annexes

The Division of a Constitution into Different Sections Usually the parts of a constitution are further subdivided into different units. The number of levels and their respective names may vary, but as a general rule of thumb constitutions are structured as follows: Part / title Article / section Sub article/ sub section Letter

The Intensity of the Regulations of Elements in a Constitution While the formal structure of a constitution may give the framework, it is the content of the constitution which shapes the political structure of the country. This content may vary with regard to the detailed regulation of any specific element. The constitution setting a framework The constitution providing relevant parameters The constitution establishing a detailed setting

The Enforceability of Provisions in a Constitution To ensure that provisions in the constitution are not disregarded, it is important to consider what effect the provisions contained in the constitution shall have and how and to what extent they can be enforced: Directly enforceable : bill of rights, organization of the state Not directly enforceable: Provisions framed as principles, directives or policies impose moral, political and social obligations on the state.

The Enforceability of Provisions in a Constitution Binding, but dependent: other provisions might be intended to be binding, but need further legislative or administrative action before they can be enforced. Such provisions are often phrased in terms like "in accordance with the law", meaning that parliament has to enact a specific law regarding that matter before binding and enforceable obligations can arise.

The Enforceability of Provisions in a Constitution Limitations: however, with regard to some obligations of the state in the field of human rights (especially social and economic rights) the binding character of a provision may be limited by the state's capacity to really fulfill the obligations imposed by the provisions.

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