Constitutional Duties

Constitutional duties are a natural counterpart to constitutional rights. They are found in all the major human rights conventions and in almost all national constitutions. The nature of duties, the relationship between duties and rights and the classification of duties are examined. The chapter explains how the nature of duties can be seen as a limitation of rights because of their restrictive effect on individual freedom, or as an independent category where duties require positive action and acquire legal significance. The chapter looks in detail at three classifications of duties, such as the functioning of the state, social solidarity and upholding the rule of law. It classifies duties according to their addressee, their cause or their required behaviour. Traditional duties relating to the functioning of the state are subdivided into the duty to pay taxes, the duty to vote, the duty to provide education and the duty to perform military service, all of which are explained in detail. Provisions relating to social solidarity are often of particular jurisdictional importance, where they do not merely constitute a duty to refrain from infringement but require positive action. These include family duties, social duties and environmental duties. Half of the constitutions impose a duty to obey the constitution and uphold the rule of law. The duty of witnesses to appear and testify before a judge, the duty of citizens to serve on juries and the duty to abide by the rules of jury service are discussed for the purpose of a functioning administration of justice. The chapter concludes with the observation that the implementation of duties in a constitution is a vital contribution to a necessary solidarity.