The Significance of Informal Methods of Constitutional Change
Constitutions are the fundamental basis of legal frameworks that form the pillars of governance. They shape and regulate the interactions between institutions, individuals, and society. Constitutional law provides a legal mechanism to protect the people and ensure the balance of power, and in turn, it enables democratic processes to function efficiently. But what happens when the constitution no longer serves the needs of the people and institutions?
While formal methods of amending the constitution are well-known, informal methods of constitutional change exist as well. These methods, while informal, can have significant implications on government and society, which warrant equal consideration. Here we examine the significance of informal methods of constitutional change and discuss their impacts.
What Are Informal Methods of Constitutional Change?
Informal methods of constitutional change involve altering the meaning, interpretation, or implementation of the constitution through non-constitutional means. This means that these methods do not involve the formal processes outlined within the constitution such as amendments. Instead, these methods can be initiated by judicial rulings, political practices, or public participation.
Why Do Informal Methods of Constitutional Change Occur?
Informal methods of constitutional change may occur due to various reasons. One reason may be that amending the constitution formally may be challenging due to formal processes such as the approval of two-thirds of the parliament. Another reason may be due to changing political circumstances that require more immediate change that cannot be addressed through formal means. In some cases, informal methods of constitutional change may occur to widen the interpretation of a provision in the constitution to serve a greater public interest.
Examples of Informal Methods of Constitutional Change
Informal methods of constitutional change can take many forms. A well-known example of informal constitutional change is the “switch in time that saved nine.” This occurred during President Franklin D. Roosevelt’s New Deal, when he appointed several judges to the Supreme Court to help pass his legislative agenda. These new judges interpreted the constitution in a new way, enabling many of Roosevelt’s policies.
Another example of informal methods of constitutional change is the “living constitution” doctrine. This doctrine suggests that the constitution is a dynamic and evolving document that should be interpreted in accordance with contemporary values and standards. This doctrine has enabled the U.S. Supreme Court to expand constitutional protections such as the right to privacy, which was not explicitly mentioned in the constitution.
The Significance of Informal Methods of Constitutional Change
Informal methods of constitutional change play a crucial role in democratic societies. They enable the constitution to adjust to changing times and circumstances without going through time-consuming formal processes. The flexibility of informal methods of constitutional change can contribute to the stability of government and increased public participation in the constitutional decision-making processes.
Moreover, informal methods of constitutional change can address issues that are not covered explicitly in the constitution, such as emerging issues relating to technology, climate change, and social change. The implementation of these changes through informal means can have significant implications for society at large.
Conclusion
In conclusion, informal methods of constitutional change provide a dynamic avenue for adjusting the constitution to changing times, and circumstances when formal methods are inadequate. These methods have provided government institutions with the flexibility required to meet the needs of citizens in contemporary times. As times change, it will be interesting to see how judicial rulings, political practices, and public participation continue to shape the meaning and implementation of constitutional law.
