Constitutional principle

Question 1

define constitution.

Answer 1

The supreme and most fundamental law of a state where other laws derive their validity and legality from , outlining the structure and power of the government and the fundamental rights of a citizen.

Question 2

How is a constitution classified? based on what factors?

Answer 2

WRITTEN / UNWRITTEN
Codified, and is the final outcome of a constituent assembly / Uncodified, evolved through constitutional conventions, rules on const. matters are included in case law or statutes.
UNITARY/FEDERAL
Establish a centralized system of governance, where power is concentrated in the hands of the central government/ Establish a system of shared governance between central and regional entities, with each level of government having its own responsibilities and set of powers

RIGID/FLEXIBLE
Require a special amendment process that is more challenging than ordinary legislation / can be amended through regular legislative process.

Question 3

State the fundamental principles of a constitution.

Answer 3

Separation of powers
Rule of law
Parliamentary sovereignty

Question 4

What is the separation of powers?

Answer 4

A concept brought forth by Montesquieu , it is the division of government responsibilities into distinct branches, limiting any one branch from exercising functions of the other .

Question 5

What are the branches ?

Answer 5

Legislative- handles making, altering , amending, repealing or replacing laws. is composed oif the parliament.

Executive- Implementation of laws. it is led by the president , Prime Minister or Monarch and other govt. departments and agencies.

Judiciary- Interpretation and application of laws.

Question 6

What is strict separation of powers?

Answer 6

A more rigid or absolute devolution of powers that limits cooperation between the branches. leading to
- Constitutional deadlock
-Abuse of powers

Question 7

What is the system of checks and balances?

Answer 7

Each power is able to check and limit other powers and create a balance between all 3 branches, thus preventing any one branch from becoming primarily dominant.

Question 8

What are the 3 forms of cooperation observed under the check and balances system?

Answer 8

Legislature & Judiciary
- The parliament can exercise judicial power by hearing cases on parliamentary privileges.