Constitutional Law Word Scramble
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Question | Answer |
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. |
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