Constituiton Flashcards
US and UK constitution
A constitution is a body of laws, rules and practices that sets out the way in which a state is organised. It establishes the relationship between the state and its citizens
The US has a codified constitution, which means all laws and principles of the state is written in a single text.
The UK has an uncodified constitution, which means that there are multiple sources for the rules and principles that govern the state.
The executive branch
This is the branch of government that formulates and implement policy.
In the UK the executive consists of the prime minister, the cabinet, committees and government departments. The PM is the head of government but there is collective responsibility.
In the US the executive is a singular body, with power just with the president. The president has a cabinet, executive office of the president, federal bureaucracy and federal departments but the president has the power
Legislative branch
This branch is responsible for passing laws. In the UK this is the commons, the lords and the monarch. The UK has a bicameral system, meaning it has two chambers. Parliament is sovereign meaning it is the supreme law making body. Only an act of parliament can undo another act of parliament.
In the US the legislature is the House of Representatives and senate. The legislatures have the role of representation and scrutiny
Judiciary branch
This refers to all judges. The judiciary operates under the principles of independence and neutrality.
The Supreme Court resolves constitutional cases, but due to the UKs uncodified constitution they cannot strike down laws.
In the US the Supreme Court is made up of 9 judges who can strike down laws due to their codified constitution.
What is a constitution
A body of laws, practices and rules that sets the way a state is organised. This establishes the relationship between the state and its citizens.
It provides the framework for the political system, establishing main institutions of government, determining where decision making authority is and protecting the rights of citizens
What a constitution does
It enables citizens to know their rights and when their rights are being compromised
It ensures citizens rights are protected by the government
It provides equality and fairness for citizens
It ensures elections are free and fair
It eradicated corruption in government
Codified constitution
This is a constitution where all fundamental laws are in one text.
They are often written at a crucial moment in a countries history.
Codified constitutions is afforded the status of fundamental law, placing it above ordinary law by the legislature.
The provisions set out in them are entrenched and you have to go through special procedure to amend them
Strengths of a codified constitution
It is easier to know your rights
It is easier for judicial review on laws which protect rights
Establishes a proper separation of powers
Supreme Court fan strike down laws
