Politics constituionsss
Constitution
What is a constitution?
Set of rules seeking to establishing the duties, powers and functions of the various institutions of government
To regulate the relationships between and among the institutions
Define the relationship between the state and the individual, define extent of civil liberty
Types of Constitution
Codified and uncodified
Codified – enshrined in law and based on 1 single authoritative document outlining powers of institutions + government, as well as a statement of the rights of citizen’s
Document is authoritative, highest law of the land. Binds all political institutions – leads to 2 tier legal system
Provisions of it are entrenched, difficult to amend or abolish
It is judiciable, all political bodies are subject to authority of the courts, in particular a supreme court.
Uncodified – increasingly rare, UK one of few
Not authoritative, constitutional laws treated same as ordinary laws
Not entrenched, constitution can be changed through the normal process for enacting statute law.
Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional.
However:
No constitution is entirely written, written documents do not encompass all aspects of constitutional practice
No constitution is entirely unwritten, no constitution consisting only of rules of conduct or behaviour.
Unitary and federal
Unitary – establish constitutional supremacy of central government over provincial and local bodies. Reflected in UK via Parliament
Federal – divide sovereignty between 2 levels of government, both central and regional posses a range of powers that the other cannot encroach upon.
Rigid and flexible
Codified can be quite flexible, occurs through process of judicial interpretation. I.e. US constitution means whatever the justices of the Supreme Court says it means
Some aspects of the UK uncodified constitution are resistant to change, including principle of
What is a constitution?
Set of rules seeking to establishing the duties, powers and functions of the various institutions of government
To regulate the relationships between and among the institutions
Define the relationship between the state and the individual, define extent of civil liberty
Types of Constitution
Codified and uncodified
Codified – enshrined in law and based on 1 single authoritative document outlining powers of institutions + government, as well as a statement of the rights of citizen’s
Document is authoritative, highest law of the land. Binds all political institutions – leads to 2 tier legal system
Provisions of it are entrenched, difficult to amend or abolish
It is judiciable, all political bodies are subject to authority of the courts, in particular a supreme court.
Uncodified – increasingly rare, UK one of few
Not authoritative, constitutional laws treated same as ordinary laws
Not entrenched, constitution can be changed through the normal process for enacting statute law.
Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional.
However:
No constitution is entirely written, written documents do not encompass all aspects of constitutional practice
No constitution is entirely unwritten, no constitution consisting only of rules of conduct or behaviour.
Unitary and federal
Unitary – establish constitutional supremacy of central government over provincial and local bodies. Reflected in UK via Parliament
Federal – divide sovereignty between 2 levels of government, both central and regional posses a range of powers that the other cannot encroach upon.
Rigid and flexible
Codified can be quite flexible, occurs through process of judicial interpretation. I.e. US constitution means whatever the justices of the Supreme Court says it means
Some aspects of the UK uncodified constitution are resistant to change, including principle of