constitutional law Flashcards
what is constitutional law?
the law regarding how a country is run
what is a constitution?
set or rules regarding how a country is run
- how and when new laws can be made
- what the government of a country is allowed to do
- what powers the courts of that country have
- what rights citizens of that country have
what are the two types of constitution?
codified (written) and uncodified (unwritten) - unwritten does not mean they are not written down somewhere it means they are not in one single document
what is a codified/written constitution?
a country will have a written constitution if it has one single document containing all of their constitutional rules
what is an uncodified constitution?
a country will have an uncodified constitution if it does not have one single document in which its constitutional rules can be found
all of a their constitutional rules are made up of a combination of different sources
what are the strengths and weaknesses of codified constitutions?
- they can be stronger than normal laws and more difficult to change
- can allow courts to strike down new laws that are unconstitutional
- clearer and more easy to understand
- can lead to archaic rules being difficult to change
- can result in the courts becoming too heavily involved in political matters
strengths and weaknesses of uncodified constitutions?
- can be more flexible, easily changeable. can evolve and adapt with changing times
- can be too easy to change
can be too weak to prevent citizens of a country from dangerous governmental behaviours - do not give enough strength to the judiciary
what constitution does the UK have?
uncodified