Democracy Flashcards
What are the 3 functions of a constitution?
To establish the duties, powers, limits and functions of the government,
To regulate the relationship between the institutions
To define the relationship between the state and the individual
What are the key features of a Codified Constitution?
A single authoritative document that constitutes to the highest law of the land(it is the highest law of the land) and therefore stands above statute law
provisions of the constitution are entrenched
It is judicable
What are the key features of Uncodified Constitutions
Not authoritative meaning constitutional laws have the same status as statute laws
They are not entrenched
They are not judicable
Key features of a Unitary Constitution
Establishes the constitutional supremacy of central government over local bodies entrusting sovereignty in the national legislature which means they can create or abolish and strengthen or weaken all other institutions
Key features of a Federal constitution
Divides power between two levels of government meaning both central and regional government possess a range of powers that the others cannot encroach on
Entrenched constitution meaning
It is hard to change the laws and policies of the constitution and is the highest law of the land
Unentrenched(flexible) constitution meaning
Easy to change the laws and policies of the constitution and has the same status as statue law with no higher law
What is a statute law?
A law made by parliament
What is a common law?
A body of law created by judicial rulings established over time
What is a convention?
A custom of tradition that has endured throughout history
What are Authoritative works
Work done by authors to define what is constitutionally correct and interpret the constitution
What is parliamentary sovereignty
Parliament has the ability to make, unmake or remove any law it wishes because it is trusted with all of the supreme constitutional power
What is a constitutional monarch
A monarch that still has constitutional power as they have the right to be informed by Parliament when they make decisions
What is the rule of law?
in the absence of higher law, government is still subject to legal checks and constraints
What is a Parliamentary government?
It exists when there is a fusion of legislative and executive branches, with the leader of the largest party becoming Prime Minister
