Characteristics Of A Constituiton Flashcards
Unwritten or Uncodified
Uncodified:
• Written sources but not in one big document
• eg: UK, New Zealand, Israel
Rigid or flexible?
Rigid:
• Entrenchment
• Special/ Onerous conditions for amendment
•eg US
Flexible:
•Ordinary Law
• No special provision for change
Monarchical or Republican?
Royal assent, prerogative powers
Entrenchment
Constitutional laws or values are secured in a way that makes them impossible or very difficult to change
Ridley talks about how the European bill of human rights is entrenched because its higher than parliamentary sovereignty
Second amendment: right to bear arms
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms”
District of Columbia v Heller
• Hellers 2nd Amendment right was being quashed by DoC