constitutional law

Question 1

What is the constitution?

Answer 1

The Constitution can be defined as a body of law containing the rules which determine
the structure of the State and its principal organs

Question 2

What is the function of the constitution?

Answer 2

A.Outlines the rights of a citizen
(a) the definition of the territory of the State;
(b) the creation and establishment of State institutions and the distribution of the
functions of the State;
(c) the granting of authority to make laws;
(d) the furnishing of legitimacy to the State throughthe existence of an independent
body of law which regulates the State.

Question 3

What is Constitutional Supremacy ?

Answer 3

The principle which allows the constitution to act as a measuring stick to which all other laws are validated and the source from which all other laws derive their validity

Question 4

What is the significance of a written constitution?

Answer 4

The very act of writing down a Constitution is significant. It concretizes the ideals
of rights, democracy, and nationhood and allows for interpretative expansion. By
attempting to set down the parameters of democratic governance, a Constitution also
gives life to judicial review, enabling the concept of ultra vires to flourish.

Question 5

Where in Jamaica’s constitution gives it constitutional supremacy”?

Answer 5

The very act of writing down a Constitution is significant. It concretizes the ideals
of rights, democracy, and nationhood and allows for interpretative expansion. By
attempting to set down the parameters of democratic governance, a Constitution also
gives life to judicial review, enabling the concept of ultra vires to flourish.

Question 6

Savings Laws

Answer 6

It is a clause maintaining pre-independence laws by modifying and interpreting them

Question 7

Separation of Powers

Answer 7

The differentiation between the concepts “legislative, executive and judicial.The isolation, immunity or independence of one branch from the ac

Question 8

The Rule of Law

Answer 8

The exercise of state power according to law and the subjugation of state power to the constitution

Question 9

Ultra Vires

Answer 9

Ultra vires is a Latin phrase meaning “beyond the powers”. If an act requires legal authority and it is done with such authority, it is characterized in law as intra vires (“within the powers”). If it is done without such authority, it is ultra vires.

Question 10

The typical Constitution in the region contains the following chapters or sections

Answer 10

(a) a preamble
(b) chapters on citizenship
a section on fundamental rights and freedoms called a Bill of Rights;
(d) chapters defining the powers of the Head of State and Parliament;
(e) chapters defining the powers and establishment of the Executive and Judicature;
(f) chapters establishing and defining the role and functions of the Public Service and
Judicial Commissions;
(g) chapters on finance;
(h) in addition, there is a statutory formula giving Parliament power ‘to make laws
for peace, order and good government

Question 11

Bill of Rights

Answer 11

A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens.

Question 12

Literally rule

Answer 12

Ordinary or natural meaning even if it leads to absurdity

Question 13

Ultra vires

Answer 13

Ultra vires is a Latin phrase meaning “beyond the powers”. If an act requires legal authority and it is done with such authority

Question 14

Intra Vires

Answer 14

Intra vires definition, within the legal power or authority of an individual or corporation

Question 15

Entrenchment

Answer 15

the exercise the state power according to law and subjugation at state power to the constitution

Question 16

West Minister Model

Answer 16

The Westminster system is a democratic parliamentary system of government modelled after that of the United Kingdom system, as used in the Palace of Westminster, the location of the Parliament of the United Kingdom. The system is a series of procedures for operating a legislature.

Question 17

Natural Justice

Answer 17

no man shall judge himself

no bias

Question 18

Rule of law

Answer 18

the exercise the state power according to law and subjugation at state power to the constitution

Question 19

Purposive Approach

Answer 19

Thus the purposive approach to statutory interpretation seeks to look for the purpose of the legislation before interpreting the words. It has often been said that the purposive approach is a mixture of the domestic rules, however, whereas the domestic rules require the courts to apply the literal rule first to look at the wording of the Act, the purposive approach starts with the mischief rule in seeking the purpose or intention of Parliament.

Question 20

Mischief Rule

Answer 20

Mischief rule is a principle used for the interpretation of a statute. This principle is used by the courts to determine the intention of the legislators. This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same.

Question 21

Literal Rule

Answer 21

Literal rule is a rule used to interpreting statutes. This rule explains what the law is rather than explaining what the law means.

Question 22

Golden Rule

Answer 22

A rule of statutory or legal document interpretation which allows a shift from the ordinary sense of as word(s) if the overall content of the document demands it

Question 23

Westminster model

Answer 23

The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom.