Constitutions and courts Flashcards
What is a constitution?
A constitution establishes the fundamental rules and principles by which a state is governed
What determines who and how, and is the overall structure
a constitution
3 types of constitution
- Constitutional regime
- Non constitutional regimes
-codified constitution
What is this?
Operate in terms of the rule of the law and ensures effective restraints on the power holder
Constitutional regime
What is this?
State attempts to fufuill the provisions of its constitutions
constitutional regime
What are the 2 things that constitutial regime “struggle” on?
-Not always complete compliance
- Disagreements on interpretation of constitution
What is this?
The structural arrangement of the constitution are not generally upheld and there are a few restraints on those with political power
Non- Constitutional regime
What’s one thing that can happen in a non-constitutional regime?
leader ignoring basic rules of constitution
What’s 2 way in a non-constutional regime that can disintegrates the social order
when a political or natural catastrophe happens
What happens in a non- constitutional regime when a natural or political catastrophe happens?
Its suspended “temporarily”
What is a codified constitution?
One that is either set out in a single document
or
one that is spread among a range of documents and is influenced by tradition and pratice
Codified constitution
What is an example of one set in a single document?
Fundamental state laws (e.g. Charter of rights and freedoms)
Codified constitution
What is an example of one spread in multiple documents?
-Customs, conventions or statues
Codified constitution
What is an examples of one unwritten or in many documents
the role of the prime minister in Canada
What is the Supreme Court?
Highest court within a jurisdiction, whose sections are not subject to review by any other court
