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5699788
The Constitution
Description
A Level Politics (Constitution) Mind Map on The Constitution, created by Phoebe Fletcher on 09/06/2016.
No tags specified
as
politics
consitution
unit 2
sources of uk constitution
politics
constitution
a level
Mind Map by
Phoebe Fletcher
, updated more than 1 year ago
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Created by
Phoebe Fletcher
about 8 years ago
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Resource summary
The Constitution
Role of the consitution
Establish the distribution of power in the political system
Establish the relationship between political institutions
Define and establish the limits of government
Specify the rights of individual citizens and how they are protected
Define the nature of citizenship and how individuals may obtain citizenship
Establish the territory which comes under government jurisdiction
Establish/describe the arrangements to amend the constitution
Codified constitutions
Written in a single document - therefore has one source
Constitutional laws are superior to other laws - 'dualism' - they are entrenched
Special arrangements exist to establish new contitutional laws or amend/abolish existing ones
Normally come into existance after a national upheaval
e.g a revolution
e.g an establishment of independence
E.G USA
Uncodified constitution
Not written in a single document - have multiple sources
Constitutional laws are not superior to other laws - are not entrenched
Arrangements for changing consitutional laws or amending/abolishing them are the same as other laws
Are flexible
Will change over time
E.G UK
UK consitution
Uncodified
Sources
Parliamentary statues
E.G. Human Rights Act 1998, Scotland Act 1998
Conventions
E.G. Salisbury Convention, Collective cabinet responsibility
Common Law
E.G. Individual rights and freedoms, PMs prerogative powers
EU treaties
E.G. Maastricht Treaty of 1992, Lisbon treaty of 1007
Works of autority
E.G. Rule of law described by A.V.Dicey, 2010 O'Donnell Rules
Traditions
E.G. Queens Speech
Unitary consitution
Sovereignty lies with Parliament
There is a constitutional Monarchy - the Queen is head of state
The rule of law operates
There is a lack of seperation of powers
Unitary constitutions
Legal sovereignty lies in one place (a central body)
Any powers not assigned by law fall under the body with legal sovereignity
E.G. UK, France, Italy
Federal constitution
Legal sovereignity is divided (between a centre and regional bodies)
Any powers not specified in the constitution fall to regional bodies
E.G. USA, Germany, India
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