5699788
Description
Mind Map by Phoebe Fletcher, updated more than 1 year ago
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Created by Phoebe Fletcher
over 8 years ago
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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
- Establish the
distribution of power in
the political system
- 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 a revolution
- E.G USA
- Written in a single
document -
therefore has one
source
- 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
- Not written in a single
document - have
multiple sources
- UK consitution
- Uncodified
- Sources
- Parliamentary statues
- E.G. Human Rights Act 1998,
Scotland Act 1998
- E.G. Human Rights Act 1998,
Scotland Act 1998
- Conventions
- E.G. Salisbury
Convention, Collective
cabinet responsibility
- E.G. Salisbury
Convention, Collective
cabinet responsibility
- Common Law
- E.G. Individual rights
and freedoms, PMs
prerogative powers
- E.G. Individual rights
and freedoms, PMs
prerogative powers
- EU treaties
- E.G. Maastricht
Treaty of 1992,
Lisbon treaty of
1007
- 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
- E.G. Rule of law
described by A.V.Dicey,
2010 O'Donnell Rules
- Traditions
- E.G. Queens Speech
- E.G. Queens Speech
- Parliamentary statues
- 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
- Uncodified
- 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
- Legal sovereignty lies in one
place (a central body)
- 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
- Legal sovereignity is
divided (between a centre
and regional bodies)
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