A constitution is a document that seeks to legitimise state power, but Essay

A constitution is a document that seeks to legitimise state power, but to do this properly it should also act as a restraint on state power. Those are the only functions of a constitiution. Discuss - Essay Example nstitutions date back to the era of Greek philosopher Aristotle (384 – 322 B.C) described the constitution as â€Å"an organization of offices in a state, by which the method of their distribution is fixed, the sovereign authority is determined, and the nature of the end to be pursued by the association and all its members is prescribed. Laws, as distinct from the frame of the constitution, are the rules by which the magistrates should exercise their powers, and should watch and check transgressors†.2 The central role of the constitution of any sovereign state is unquestionable. Not only does a constitution seek to legitimize power but also, it grants the scope for good governance. The challenge arises in the enabling the government with the jurisdiction to mange the government, because it is drafted by men, for men. It is imperative that the governors of the constitution are bestowed with limited power. This concept of power separation is instrumental to constitutionalism. James Madison states that â€Å"The great difficulty lies in this: you must first enable the government to control the governed: and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.† 3 Constitutions are designed to portray a sense of ultimate power control all the while granting legitimacy and authority. For example, the constitution should accord the state with the capacity to curb anti-social behaviour. A constitution is ensures that there is no abuse of powers by any given individual or institution because the constitution provides with the necessary mechanism to define what constitutes as a violation. Power separation is effected through the separation of legislative, executive and judicial powers and created a sense of checks and balances4. John Locke, in Separationof Powers iinsts that the legislature is the most superior arm. He says