Public Law
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| 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.
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| Constitution | consists of a document or a set of documents which are intentionally drafted to form the fundamental law of the state/
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| 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.
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| 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
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| 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
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| How is the Constitutional framework of Statutes provided? | by statute.
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| 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.
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| Wide definition of Constitution | A body of legal and political rules and arrangements concerning the government of the country.
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| Countries which do not have a constitution in the narrow sense are | -The United Kingdom
-Israel
-Canada
-New Zealand
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| Classification of Constitutions | KC Wheare in Modern Constitutions (1966) identifies six (6) ways of classifying constitutions based on distinguishing characteristics.
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| 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.
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| 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'
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| Supreme and Subordinate |
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| 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
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| 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
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| Constitutions based or not based on the separation of powers | It is very difficult to find a state of complete separation of powers.
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| Classification of Constitutions | KC Wheare in Modern Constitutions (1966) identifies six (6) ways of classifying constitutions based on distinguishing characteristics.
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| 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.
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| 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'
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| 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
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| 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
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| 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
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| Supreme and Subordinate -Supreme- | A supreme constitution is not subject to any external superior force
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| 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
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| Constitutions based or not based on the separation of powers | It is very difficult to find a state of complete separation of powers.
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