There exists a common assumption that the constitution of the United States seeks to protect civil and political rights. However, a number of foreign constitutions alongside the International Convent on Cultural, Economic and Social Rights, call on governments to strongly correspond socio-economic necessities as freedom is more likely to ensure sustenance.
The South African Constitution, adopted in the year 1996, remains perhaps the most admirable constitution in the world history. It encompasses a long list of socio-economic rights that those who drafted it hoped it would protect and help those disadvantaged by the apartheid regime (Noxolo 54). It further sought to assist the vulnerable and those faced with poverty. Conversely, the United States Constitution does not involve socio-economic rights since Supreme Court of the United States has been reluctant to integrate it into the constitution. This can largely attributed to concerns of the separation of powers.
The U.S. Constitution differs from the South African Constitution as it only fights for first generation rights as stated before. The Constitution of South Africa on the other hand, fights for first, second and third generation of rights. First generations of rights are civil and political rights, second generation ones entail government’s socio-economic obligations while third generation are exemplified by the right to a clean and healthy environment.
Based on my opinion, the U.S. Constitution should be amended to address equality than to specify languages of the United States. This will serve to protect the natural rights of property and liberty of all citizens of the United States. Moreover, it will reserve powers to the public and the state, as it will limit the powers of the executive in judicial and other proceedings. Although the Constitution of the United States is the shortest and oldest written constitution still in use, I do not think it is valuable as it has many flaws. There is nowhere in it where the word “democracy” exists. Furthermore, there exist various spelling errors throughout it.
Work cited
Noxolo, Malafu. How “Basic” is Basic Education?: Restructuring Basic Education in
Post-Apartheid South Africa within the Context of EFA. Johannesburg. Penguin.
2007.
Print.
