National Constitutions: A Functional Approach

Abstract

This is an era of new nations and new goals and consequently of new constitutions.1 Both old and new nations seem today exceedingly busy translating their ferment and ambitions into chapters, articles, subheadings, and paragraphs in their new or drastically revised constitutions. More than two-thirds of existing 140-odd constitutions were drafted and adopted in past two decades. Others are in process of substantial rewriting or their fundamental revision is being clamored for. Even in United States, whose seemingly rigid Constitution has allowed so many timely reinterpretations in response to environmental changes, one hears today strong pleas for a fundamental revision of system, ranging from a reform of electoral college and establishment of new relations of cities to federal government to dealing with problem of constitutional controls of modern technology and its human and social consequences. Recently one author drew attention to the institutions dominating today's American scene which were not even dimly foreseen by Founding Fathers . . . immense corporations and trade unions; media of communication that span continent and globe; political parties; a central government of stupendous size and world-shattering capabilities; and a very un-Jeffersonian kind of man at center of it all.2 We might perhaps add potential constitutional consequences (such as possible communal representation) of emerging concept of a bi-ethnic American nation.