The Constitution

The Constitution

Role of the consitution
1. Establish the distribution of power in the political system
2. Establish the relationship between political institutions
3. Define and establish the limits of government
4. Specify the rights of individual citizens and how they are protected
5. Define the nature of citizenship and how individuals may obtain citizenship
6. Establish the territory which comes under government jurisdiction
7. Establish/describe the arrangements to amend the constitution
Codified constitutions
1. Written in a single document - therefore has one source
2. Constitutional laws are superior to other laws - 'dualism' - they are entrenched
3. Special arrangements exist to establish new contitutional laws or amend/abolish existing ones
4. Normally come into existance after a national upheaval
  1. e.g a revolution
  2. e.g an establishment of independence
5. E.G USA
Uncodified constitution
1. Not written in a single document - have multiple sources
2. Constitutional laws are not superior to other laws - are not entrenched
3. Arrangements for changing consitutional laws or amending/abolishing them are the same as other laws
4. Are flexible
5. Will change over time
6. E.G UK
UK consitution
1. Uncodified
2. Sources
  1. Parliamentary statues
    1. E.G. Human Rights Act 1998, Scotland Act 1998
  2. Conventions
    1. E.G. Salisbury Convention, Collective cabinet responsibility
  3. Common Law
    1. E.G. Individual rights and freedoms, PMs prerogative powers
  4. EU treaties
    1. E.G. Maastricht Treaty of 1992, Lisbon treaty of 1007
  5. Works of autority
    1. E.G. Rule of law described by A.V.Dicey, 2010 O'Donnell Rules
  6. Traditions
    1. E.G. Queens Speech
3. Unitary consitution
4. Sovereignty lies with Parliament
5. There is a constitutional Monarchy - the Queen is head of state
6. The rule of law operates
7. There is a lack of seperation of powers
Unitary constitutions
1. Legal sovereignty lies in one place (a central body)
2. Any powers not assigned by law fall under the body with legal sovereignity
3. E.G. UK, France, Italy
Federal constitution
1. Legal sovereignity is divided (between a centre and regional bodies)
2. Any powers not specified in the constitution fall to regional bodies
3. E.G. USA, Germany, India

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	Criado por Phoebe Fletcher mais de 8 anos atrás