Exploring Informal Ways of Amending the Constitution

Exploring Informal Ways of Amending the Constitution

The Constitution of a country is the fundamental law governing its people and institutions. It ensures that the rights and freedoms of its citizens are respected while providing guidance on the functions and responsibilities of the government. However, as society evolves, the need for constitutional amendments arises. While formal ways of amending the Constitution exist, there are also informal ways of amending it. In this blog post, we will explore these informal ways and their impact on constitutional law.

Informal ways of amending the constitution

Informal ways of amending the constitution are not explicitly written in the text of the constitution. They are changes made to the constitutional ideology through interpretation, usage, and practice. Informal ways of amending the constitution include:

1. Judicial Interpretation

The judiciary is responsible for interpreting the Constitution to ensure that it is applied correctly. Over time, judges may interpret the Constitution in new ways that can change its impact. For example, in the United States, the Supreme Court decision in Brown v. Board of Education of Topeka changed the interpretation of the Equal Protection Clause of the Fourteenth Amendment, leading to the desegregation of schools.

2. Executive Action

The executive branch of a government holds much power, and the president or prime minister may use their power to change the interpretation of the Constitution. For example, in the United States, President Abraham Lincoln suspended the writ of habeas corpus during the Civil War, effectively limiting the rights of citizens and violating their constitutional protections.

3. Constitutional Conventions

A convention is a gathering of individuals who come together to change the constitution in an informal way. For example, in the United States, the Constitutional Convention of 1787 was called to amend the Articles of Confederation. Instead, it created a new Constitution.

The impact of Informal ways of amending the constitution

Informal ways of amending the Constitution can have a significant impact on how it’s interpreted and enforced. The use of judicial interpretation, executive action, and constitutional conventions can have significant consequences for the protection of individual rights. Some of the impacts are:

1. Changes in the balance of power

Through informal ways of amending the constitution, the balance of power between the branches of government can shift. The executive branch may gain more power, or the judiciary may become more restrictive in enforcing constitutional protections.

2. Changes in the interpretation of individual rights

Informal ways of amending the constitution can lead to changes in the interpretation of individual rights. For example, judicial interpretation may lead to expanded protections for specific groups or greater limitations on individual rights.

3. Changes to the writing of constitutional law

The informal ways of amending the constitution can lead to changes in the language used in constitutional law. This could impact the way future legal arguments are made in court.

Conclusion

The Constitution is the foundation of any democratic society. Formal ways of amending the Constitution are important to ensure that it reflects the values and needs of the citizens. However, informal ways of amending the constitution may lead to changes in the balance of power and interpretation of individual rights. Therefore, it is necessary to closely monitor the use of the informal ways of amending the Constitution and their impact on constitutional law.