Concept Of Constitution Flashcards
In particular reference, what is a constitution?
Written instrument by which the fundamental powers of the gov’t are established, limited, and defined and by which these powers are distributed among several depts.
What are the nature and purpose/function if consti?
It serves as supreme or fundamental law.
It establishes basic framework and underlying principles of gov’t.
What is constitutional law?
It refers to the law embodied in the consti as well as the principles growing out of the interpretation and application made by the courts
What are the two kinds if consti as to their origin and history?
Conventional/Enacted: enacted by a constituent assembly or granted by a monarch to his subjects
Cumulative/Evolved: product of growth or long period if development originating in customs, traditions, judicial decisions rather than from a deliberateb and formal enactment
What two kinds of consti as to their form?
Written - given definite written form at a particular time usually by a specially constituted authority called “Constitutional Convention”
Unwritten - productbof political evolution, consisting largely of a mass of customs…
What last two kinds are there as to manner of amending them?
Rigid/Inelastic - regarded as a document of special sanctity which can’t be altered
Flexible/Elastic - possesses no higher legal authority than ordinary laws and which may be altered in the same way
What are the advantages of a written consti?
Can’t be easily bent twisted by the legislature
Clear and definite
Secure protection and guaranteed rights
More stable and free from all dangers
What are the disadvantages?
Prevents the immediate intro of needed changes and nay thereby retard the healthy growth and progress of the state
What are the requisites of a good written consti as to form?
1) brief - it would lose advantage of a fundamental law nor would it be understood
2) broad - requires that it be as comprehensive
3) definite - vague = opposing interpretations
What about as to contents?
1) Consti of gov’t - that dealing w/ the framework of gov’t and its powers and defining the electorate
2) Consti if liberty
3) Consti of sovereignty
How does consti differ from statute?
- Legislation direct from the people.
- Merely states the general framework of the law and gov’t
- Intended not merely to meet existing conditions but to govern the future
- Supreme or fundamental law of the state
How does statute differ from consti?
- Legislation from people’s reps
- Provides the details of the subject of which it treats
- intended primarily to meet existing conditions only
- must conform to the consti
What is the purpose of interpreting the consti?
To ascertain and give effect to the intent of the framers and of the people who adopted/approved its amendments
What is constitution broadly?
Body of rules and principles in accordance with which the powers of sovereignty are regularly exercised
