Introduction to Constitutional Law Flashcards
Law relating to the constitution
- No common definition or ideal type of constitution.
- Identifies the sources, purposes, uses and restraints on public power.
- We are concerned with power within nation states.
What constitutional law does
- Constitutional law legitimises and authorises the ordinary law of the land giving it validity.
- Constitutional law is concerned with legal form and process rather than content.
Definition of constitutional law
- Regulation of the relationship between citizen and the state.
- Regulation of the relationship of the organs of the government.
- “Constitutional law is concerned with conflicts between groups struggling for power and between those in power and individuals” (Alder, 2021).
The organs of state government
- Legislature - Law making body.
- Executive - The administration.
- Judiciary - The courts.
What does a constitution look like?
- Narrow interpretation.
- Formal document that outlines key rules.
- Special legal sanctity.
- A higher form of law.
The purpose of a constitution
- Declaration of Independence.
- Rejection of British rule.
- Prevention of tyranny.
Creation of a democratic order. - Organised government.
Written constitution
- Single legal document.
- Clear statement of basic values.
- Superior - Enforceable in Supreme Court.
A higher form of law.
Unwritten constitutions
- Diverse sources.
- Less certain and clear
- No special status - Part of the ordinary law of the land.
- UK/ New Zealand.
US Constitution 1787
- The shortest and oldest constitution. 4400 words.
Rigid constitutions
- Certain aspects unalterable.
- Difficult to change.
- Special procedures.
- US - 2/3 congress and 3/4 os states to ratify.
Flexible constitutions
- Laws not entrenched.
- Can respond quickly to change.
- No special procedure.
- UK/ Norway/ France.
Supreme constitutions
Legislative power unlimited
Subordinate constitution
Legislative powers limited by higher authority.
Separated powers
Clearly defined allocation of power.
Fused powers
Power can be in the hands of one institution. Totalitarian state.
Unitary constitutions
- No separate provincial government.
- Power can be devolved e.g. Scottish parliament/ Welsh Assembly.
Federal constitution
- Division of power between central government and individual states.
- USA/ Canada/ Australia.
Presidential constitutions
Separation of legislative and executive functions.
Parliamentary constitutions
Legislative/ executive functions merged.
Monarchial constitution
Monarch as the head of state.
Republican constitutions
President as head of state.
