Tenets of Modern Constitutionalism
One of the underlying tenets of modern constitutionalism is codification. This refers to a systematic way in which constitutional documents are organized into one single collection and are usually in written format. The rules and regulations contained in a codified constitution are used for controlling government excesses and, as a result, protecting the welfare of its citizens. A codified constitution of a country is usually the only source of legislation used since all the required governing details are contained in one single document.
Before a constitution can be codified, there is usually a thorough consultative and involving political process by the political elites. The durability of a coded constitution usually depends on the type and nature of the process which brought it into place. This is the same case with the Canadian Constitution. All the laws from different sources have been coded into one document to ease understanding, interpretation, and application of the same. Another tenet of modern constitutionalism is entrenchment. Usually, it is possible to entrench a constitution within the existing constitutional document.
However, it is not easy for a legislative body to change the clauses of an entrenched constitution through the usual amendments. In the case where an entrenched constitution is to be amended, a more thorough process is required to be placed. For instance, other special institutions may be established to review the entrenchments in addition to following a democratic process which may equally require a favorable vote to be passed to ratify the same.
In order to change the Canadian Constitution, entrenchments have been cumbersome to deal with because more parties are required to effect amendments besides long and complicated procedures which accompany the same process. In cases where constitutions are not entrenched, the process of changing clauses does not require a strict and involving procedure. This is commonly experienced with constitutions that have not been coded.