Constitution and Constitutional Design

Question 1

Constitution

Answer 1

Fundamental and supreme law of the land, usually written in a charter and establishes the basis of a political system and other laws
Ultimate social construct where societies “constitute” themselves, in which “the people” confer authority and power to political actors in exchange for the establishment of order (people give up some of their rights to establish and maintain order)

Question 2

Constitutional Design

Answer 2

Features of the constitutions that form the basis of political systems

1. Separation of power
2. Responsibilities between levels of government

Question 3

Separation of power within Constitutional Design

Answer 3

Division of power in a government between branches or levels (branches: executive, judicial, and legislative)

Question 4

Responsibilities between levels of government

Answer 4

Two types of constitution
1. Flexible constitution
Easily changed, simple legislative vote to change (ie: UK parliament, a law can be passed immediately and then adjusted after passing)
2. Rigid constitution
Requires super majority in legislature, assent of many sate sin a federal system
(ie: 2/3 vote in both House and Senate, or by convention of states called by 2/3 of state legislature)

Question 5

Types of Separation of power

Answer 5

Judicial Review: Judiciary reviews the constitutionality of the government

Parliamentary Sovereignty: system in which constitutionality of laws passed by the parliament and executive is not subject to judicial review
(Parliamentary is the highest political and legal authority in the land (UK))

Question 6

Types of constitutional design

Answer 6

Federal system: have semi-autonomous government levels below the national government. States of provinces have some kind of autonomy (ie: US, UK, India). Constitutional guarantees protecting autonomy of subnational government

Unitary system: has more centralized power, local government and administration usually is a direct extension of the national government.
Local government may have officials elected into office, national government makes the policies, and its mostly in a small county especially where the population is ethically, linguistically, or culturally homogenous.

Question 7

Authoritarian Constitution

Answer 7

May suspend all or part of democratic constitution
Often have constitution where political rights and civil liberties are denied
May leave constitutions intact, but governs outside of it
May put in place a very progressive constitution, ignore the provision