Constitutions of the world Flashcards
What is the rule of law?
Principle of governance in which all persons, institutions and entities (including the State) are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights
Requires measures to ensure adherence
Three principles: hierarchy of norms, separation of powers, and principle of legality (all activities are in conformity with the law)
What are the relations between Constitutions and international law?
Constitutions determine how a country enters into international treaties (determine whether monist or dualist)
International law can also influence constitution-making. For example, the right to take part in the conduct of public affairs is enshrined in many international documents (International Covenant on Civil and Political Rights, SDGs, 2009 Guidance Note on United Nations Assistance to Constitution-Making Processes). Constitutions can further the UN’s goal of peace and security if they represent the values of a population, but this requires participation and inclusion
What is the role of a national Constitution?
A constitution is a legal, social and political document that organizes and sets the structure and operation of the institutions of government (executive, legislation, judiciary), political principles and rights of citizens. It is a set of fundamental legal-political supreme rules which are binding on everyone in the state (rule of law), benefit from public legitimacy and are harder to change than ordinary laws.
