Q-01: the constitution declares that the sovereignty lies with the people and the Constitution is the embodiment and solemn expression of the will of the people.
Introduction: In basic terms a constitution is a set of rules which governs an organization. The fundamental law which can be written or unwritten that establishes the outlook of a government by explaining the principles which that state must follow (“Legal Dictionary,” n.d.).It also says that the aggregate of the vital powers are in people’s hand. It explains who would exercise its sovereign power. This essay will describe how constitution declares that sovereignty lies with people and how it expresses the will of people. This essay will focus on some important definition to illustrate the above statement as well as important legal principles.
Analysis of some important Definitions
Sovereignty is the choice or authority of being independent and it complaints the conditions people live under (“Sovereignty for citizens: A call to restore the republic,” 2010). In lay term it means supreme power or authority. Sovereignty of people is the political principle which means that the credibility of a country’s government is created by the volition of its people and people are the ultimate source of all political power (“Wikipedia,” 2011). So the quality and believability of a state’s government is on the hand of its citizen and citizens are the final source of power. Thomas Paine says that constitution is not a government’s act but act of people who constitute the government (as cited in Fenwick & Phillipson, 2011, p.7). If we analyze this definition we understand that constitution gives the ultimate power to its citizens. People select the government and government acts according to the constitution so government acts according to the wish and will of people. The powers not deputed to the United States by the Constitution, nor forbidden by it to the States rather are reserved to the people (“the united states constitution,” 2011a).
According to the Constitution of Bangladesh all the power belong to its people and their exercise should be settled only by the proper authority (“Constitution of the People’s republic of Bangladesh,” 1972a, p.3). So our constitution declares the country people as the supreme authority. Not only constitution of Bangladesh declares people as final source of power but also U.S constitution declares the same. Actually the U.S constitution authorizes power for both national and state government and in turn this document expresses the desires and will of U.S people (“U.S government,” n.d). So we can say that constitution states that its country people are the supreme ruler or sovereign body. And the ultimate power resides in people.
What constitution actually reflects?
The ultimate authority to create, improve and represent the constitution is on the hand of country people and constitution is a plan that provides the rules that the government have to follow (“answers.com,” 2011.). It places limitations on government, explains the obligation and guideline according to which the government will act (“Answers.com,” 2011). According to the Constitution of Bangladesh the fundamental aim of government is to create and maintain a society where rule of law, key human rights and freedom of people are protected and ensuring proper administration of law to establish rightness in social, political and economic sector (“Constitution of Bangladesh,” 1972, p.1). So constitution specifies the rules and regulations which are made and enforced for the betterment of people. Constitution is being made so that a country people’s wish and wants can be reflected through it. Hornberger (1999) said that it is believed that American people’s rights come from the constitution. It is said in the preamble of constitution of USA that in order to form a more perfect union and ensure justice and provide common defense and general welfare this constitution is being made (“The United State’s Constitution,” 2011). So constitution expresses people’s wishes and desires. Giles (2003) said that constitution’s emphasis on character and leadership manifests the power of American civil order and involves aspects of public life with the formation of philosophic base of US community (p.3). Ultimately constitution considers general people’s will. The law of constitutions is made in such ways so that those can be implemented properly for the welfare of the people. It wants to ensure that people with high qualification and good character resides the offices and the selection process should not change their innocent character (Giles, 2003, p.6). it is mentioned earlier that right for jobs is one of the human rights and the above statement shows how constitution protects this right means how it is reflecting people’s will.
According to constitution parliament can impose new restriction upon law (Mathivanav, 2008, p.5). But those restriction or changes will be based on the betterment of people. As stated in Constitution of Bangladesh that if any other law is inconsistent with this constitution should be void (“Constitution of the People’s Republic of Bangladesh,” 1972, p.7.). As the time changes, fundamentals of constitutions also might needed to be modified but those modifications are also done by thinking what country citizen wants and how these modifications can improve people’s living. Mathivanan (2008) said that state should avoid making that law that affect people’s fundamental rights and if such law is made it becomes invalid and unconstitutional to the degree of its inconsistency (p.6). So constitution are made and further amended so that it guarantees equal rights and no one feels discrimination. But one thing is important to note that basic structure of constitution cannot be destroyed rather only can be revised (Mathivanan, 2008, p.8). The basic composition of constitution is concerned with the protection of people’s fundamental right. As this basic cannot be destroyed so even the constitution is amended it will not hamper people’s choice and desire.
Some relevant legal areas
All powers in the republic belongs to the people and this constitution is the solemn expression of the will of people (“Constitution of the People’s Republic of Bangladesh,” 1972, p.3). Rubin (2003) said that a constitution expresses the fullest and most valid agreement among state’s people and how they want to regulate themselves (p.1). So it expresses the will of people and respects people’s desire. We cannot say a country is independent unless and until its citizens enjoy basic human rights. If we analyze some important parts of the constitutions of Bangladesh, India and USA we find that those are nothing but a reflection of people’s choice and desire.
According to the constitution Bangladesh “The republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of human persons shall be guaranteed” (“Constitution of peoples republic of Bangladesh,” 1972, p.4). Indian constitution bans all sort of discrimination based on only race, caste, religion, sex etc (“The Constitution of India,” 2007, p.35). Here the ultimate priority is given to the protection of people’s life, education, jobs etc. fundamental rights are called fundamental as they are necessary for a citizen to achieve the broadest physical, mental and spiritual structure (Mathivanan, 2008, p.4). So it is desired by the people that constitution will reflect proper fundamental rights which is been done by it. The foundations of constitution are based on founding principles and they express the way in which people want to govern themselves (“Constitution talking points-COPAC,” n.d. p.3). So constitution values those facts which are attached to people’s life which in turn is a reflection of peoples will.
As a citizen of state a person wants equal enforcement of law regardless of his/her sex, background, status etc. according to our constitution all citizens are same in front of law and are entitled to equal protection of law (“constitution of peoples republic of Bangladesh,” 1972, p.7). According to Indian Constitution practice of Untouchable is prohibited and if any disability arises because of this then it would be a punishable offense (“The Constitution of India,” 2007, p.36). So people’s desire for the equal treatment of law is being expressed these constitutions.
People want to admit themselves in educational institutes where they want and deserve to study. It is one of the very basic rights of human. Our constitution regards work as a right and duty and no citizen shall be subjected to any disability, liability, restriction or condition for accessing public entertainment place or resort or for admitting in educational institutes on only grounds of race, sex, birth place etc (“constitution of peoples republic of Bangladesh,” 1972, p.7). The state should provide free and compulsory education to children aged from six to fourteen (“The Constitution of India,” 2007, p.39). So people’s desires of easy and equal access to education are being reflected over here.
Constitution also expresses the issue of woman empowerment and says that they should have equal rights like men and nothing in this article should prevent the state from making any kind of improvement in favor of woman and children (“constitution of peoples republic of Bangladesh,” 1972, p.7). So we can say that further improvements of constitution are done by considering citizen’s wish and desire.
Equality in case of employment is desired by a country people and our constitution says that there shall be equal opportunity for all citizens in terms of employment in the service of the republic (“constitution of peoples republic of Bangladesh,” 1972, p.7). Employers need to engage in active practice of employment to enhance the participation of woman, disable people, aboriginal people and visible minorities which is defined as the employment equality by the Canadian law (“Wikipedia,” 2011). So constitution reflects people’s desire of deserving employment.
Protection of life and personal liberty is also guaranteed by Bangladesh constitution (“constitution of peoples republic Bangladesh,” 1972, p.8). even no person after being arrested cannot be detained in custody without being informed and he/she has the right to defend him/her by a legal body of own choice (“the constitution of India,” 2011, p.39). Constitution reflects citizens wish for protection against arrest and detention as well.
As a citizen of a free country people do not want any forced labor. Bangladesh constitution banes all forms of forced labor and doing such would be regarded as an offense which would be dealt by the proper law ( “constitution of peoples republic of Bangladesh,” 1972, p.9). Civilized people also don’t want child labor. So constitution should also reflect this and if we see Indian constitution we find no one can employ child under 14 in any factory or mine or any other dangerous or risky sector (“the constitution of India,” 2011, p.41).
Country people desire to practice their own religion. Bangladesh constitution declares the right of every people to admit and practice their own religion and religious community can establish and maintain its religious institute (“constitution of peoples republic of Bangladesh,” 1972, p.10). According to Indian constitution no law could be made to restrict any economic, financial or secular activities (“the constitution of India,” 2011, p.41). So wish of free practicing religion activities of people is expressed through constitution.
Another important desire of people is their freedom of speech or forming unions within their country. Indian constitution declares the right of peoples free speech and expression, free movement through the country and forming associations (“the constitution of India,” 2011, p.37). These rights are also guaranteed by the Bangladesh constitution. A right to property is given by our constitution by saying that all have the right to sell, hold, and acquire property (“constitution of peoples republic of Bangladesh,” 1972, p.10).
After analyzing the definitions and some parts of constitutions we see that constitution is the ultimate expression of the will of people. Rubin (2003) says that constitution is a reflection of the will of the members of a nation to live together by following common rules (p.1). But the government need to implement the constitution properly otherwise people’s desire will not be fully reflected as Dr. Radhakrishnan said that poor people who starve, whose lives are painful and are fighting against poverty cannot proud of the constitution (as cited in Mathivanan, 2008, p. 3).
Aruna, T. (2010, September). Sovereignty for Citizens: A Call to Restore the Republic. Retrived June 12, 2011, from groundviews.org/…/sovereignty-for-citizens-a-call-to-restore-the-republic/
Constitution of India. (2011). Retrieved June 10, 2011, from awmin.nic.in/coi/coiason29july08.pdf
Constitution talking point-COPAC. (n.d.). Retrieved from www.zimdiasporainterface.org/index.php?option=com…1…
Constitution of Peoples Republic of Bangladesh. (1972). Retrieved June 11, 2011, from www1.umn.edu/humanrts/research/bangladesh–constitution.pdf
Employment equality (Canada). (2011). Retrieved June 13, 2011, from en.wikipedia.org/wiki/Employment_equity_(Canada)
Fenwick , H., & Philipson, G. (2011). Constitutional & administrative law. Taylor & Francis.
Giles, T., P (2003). Thurgood marshal article. Retrieved June10, 2011, from www.zimdiasporainterface.org/index.php?option=com…1…
Hornburger, G. J. (1999, June). Do our rights come from constitution? Retrieved June 13, 2011, from http://www.fff.org/freedom/0699b.asp
Legal dictionary. (n.d.). Retrieved June 11, 2011, from dictionary.law.com/
Mathivanan, T.,T (2008, November). Basic structure of constitution and will of people. Retreived june 8, 2011, from http://www.tnlegalservices.tn.gov.in/pdfs/lawday.pdf
Popular sovereignty. (2011). Retrived June 10, 2011, from en.wikipedia.org/wiki/Popular_sovereignty
Purpose of the constitution (2011). Retrieved june 12, 2011, from www.answers.com
Rubin, B. R. (2003). Presentation on Constitutional commission of Afghanistan. Testimony before conference of international cooperation. Retrieved June 13, 2011, from www.cic.nyu.edu/peacebuilding/oldpdfs/Presentationto.pdf
The constitution of USA. (2011). Retrived June 11, 2011, from www.usconstitution.net/const.html
U.S – Government (n.d.). retrived June 11, 2011, from www.chacha.com
 Political power is a type of power held by a group in society which allows administration some or all public resources including labor and wealth. (see Wikipedia).
 See Constitution Of The People’s Republic Of Bangladesh ( part 1, p 3)
 Key human rights means freedom of expression, equal law for all, right of education, security, job etc to all citizens regardless of their religion, color, sex etc.
 See Constitution Of The People’s Republic Of Bangladesh (Preamble, p 1)
 Welfare means health, happiness, prosperity or well being.
 Study of character involves literacy, psychological and sociological significance.
 Founding principles are those values that citizens commit themselves to their adherence.
 See constitution of People’s Republic of Bangladesh (part 3, equality before law, p 7).
 Untouchable indicates members of lowest-caste Hindu group and higher caste people used to neglect them previously.
 See constitution of Bangladesh (work as a right and duty, part 2, p.6).
 See constitution of peoples republic of Bangladesh ( discrimination on grounds on religion etc, part 3, p 7)
 See constitution of People’s Republic of Bangladesh (equality of public opportunity in public employment, part 3, p.7).
 Visible minorities are those people who are not visible in popular race in a given population.
 No person should be deprived of life or personal liberty save in accordance with law (Bangladesh constitution, part 2, p. 8).
 Secular activities mean spiritual activities.
 See 36.Freedom of movement, 37.Freedom of assembly, 38. Freedom of association in Constitution of peoples republic Bangladesh (part 2, p.9)