Write a 8 page essay on Constitutional conventions should be put on a legal footing. However, there is no clear agreement as to what amounts to a convention. DISCUSS.1917). It could be described also

Write a 8 page essay on Constitutional conventions should be put on a legal footing. However, there is no clear agreement as to what amounts to a convention. DISCUSS.

1917). It could be described also as “an informal and uncodified procedural agreement that is followed by the institutions of a state” which (Wikipedia, 2007)

Hoar (1917) in discussing a constitutional convention as a means of changing or amending written constitutions, told of its being an American origin.

He noted the fact written constitutions themselves originated in the US. The idea of a constitution convention is given importance in the light of it purpose, that is making or changing the constitution. Characterizing that the idea of a constitution is “to signify something superior to legislative enactments” or “a body of fundamental principles of government which are beyond the control of the Legislature.” Hoar (1917) described a constitution as “a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.”(Mass. Const., Preamble.) He explained it is “the Anglo-Saxon theory that government is in some way based upon a contract between the people and the State” (Hoar, R. 1917).

In applying the principle of constitutionalism of the US, Hoar (1917) noted that however, Americans both the terms of the “unwritten British constitution” and by the “charters or other written instruments whereby Great Britain directed their government” which he described to be “suspended the moment the colonies declared their independence,” as “the colonies reverted to a state of nature” (Ch. II §8 pp. 26-28) (Hoar, R. 1917, Chap 1)

It is an accepted principle in democracy that power belongs to the people. When we say people we are referring to those who can actually vote on issues or elect their leaders. This right of the people to “have the right to change their form of government at will, using whatever method suits them (Ch. II §2, p. 12)”

In describing the nature of the right of the people, Hoar (1917) said