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Constitutional Law

Public Law

QuestionAnswer
What is Constitutional Law? The rules and arrangements a country makes concerning the nature, structure and powers of its organs of government and the relationship between the citizen and the state.
Constitution consists of a document or a set of documents which are intentionally drafted to form the fundamental law of the state/
In the broadest sense, what is Constitutional Law? a set of statutory and common law rules and political practices which are applied to the whole process of government.
Types of Constitutions -written or unwritten -flexible or rigid -monarchical or republican -federal or unitary -supreme or subordinate to the legislature -based on a separation of powers
Features of the British Constitution -unwritten -flexible -monarchical (in its legal form) -unitary -subordinate to the legislature -based on a partial or limited degree of separation of powers
How is the Constitutional framework of Statutes provided? by statute.
Narrow definition of Constitution Constitution documents form the fundamental law of a country by, among other things, giving it a name, describing its national symbols like the flag and national anthem, its language, the purpose, powers and structure of the government and human rights.
Wide definition of Constitution A body of legal and political rules and arrangements concerning the government of the country.
Countries which do not have a constitution in the narrow sense are -The United Kingdom -Israel -Canada -New Zealand
Classification of Constitutions KC Wheare in Modern Constitutions (1966) identifies six (6) ways of classifying constitutions based on distinguishing characteristics.
Written and Unwritten Countires which have a document or set of documents of special legal status, containing the rules and arrangements for the government of the country, are said to have a written constitution. Countries which do not have an unwritten constitution.
Flexible and Rigid Where no special process is required to amend a constitution it is called 'flexible'. Where a special process is required a constitution is called 'rigid'
Supreme and Subordinate
Federal or Unitary -Federal Characteristics- -The powers of gov. are divided between a gov. for the whole country and govs for parts of the country in such a way that each gov is constitutionally independent -the federal government exercises its powers without any control from the regional govs
Federal or Unitary -Unitary Characteristics- -All the governmental powers are centralised -the central gov many delegate its executive and legislative powers -any regional legislatures remain subordinate to the central legislature and can be overridden by it
Constitutions based or not based on the separation of powers It is very difficult to find a state of complete separation of powers.
Classification of Constitutions KC Wheare in Modern Constitutions (1966) identifies six (6) ways of classifying constitutions based on distinguishing characteristics.
Written and Unwritten Countires which have a document or set of documents of special legal status, containing the rules and arrangements for the government of the country, are said to have a written constitution. Countries which do not have an unwritten constitution.
Flexible and Rigid Where no special process is required to amend a constitution it is called 'flexible'. Where a special process is required a constitution is called 'rigid'
Federal or Unitary -Federal Characteristics- -The powers of gov. are divided between a gov. for the whole country and govs for parts of the country in such a way that each gov is constitutionally independent -the federal government exercises its powers without any control from the regional govs
Federal or Unitary -Unitary Characteristics- -All the governmental powers are centralised -the central gov many delegate its executive and legislative powers -any regional legislatures remain subordinate to the central legislature and can be overridden by it
Republican and monarchical Today this distinction has less significance than in the past: -where the head of state is a president the state is a republic -where the head of state is a hereditary king or queen, the state is a monarchy
Supreme and Subordinate -Supreme- A supreme constitution is not subject to any external superior force
Supreme and Subordinate -Subordinate- A subordinate constitution is one where -as with former British colonies - the constitution is drafted and introduced in a country by an external power
Constitutions based or not based on the separation of powers It is very difficult to find a state of complete separation of powers.
Created by: 503331564