Key Concepts

Question 1

Constitutional Law (2 things)

Answer 1

1) Defines:
- power of the organs to the state - the legislature, executive, and judiciary

• relations of the organs of the state to each other
• relations of the state and the citizen
  2) Controls Power

Question 2

Narrow Definition: (3)

Answer 2

1) a document having special legal sanctity
2) which sets out the framework and principal

3) functions of government within the state
and declares the principles by which those organs must operate

Question 3

Constitutional Law:

Answer 3

the body of law which defines the relationships between the different entities within the state

Question 4

Administrative Law:

Answer 4

the body of law which deals with administrative agencies of the government, e.g. local councils

Question 5

CODIFIED v UNCODIFIED

Answer 5

Codified:
the majority of rules are located in one document or series of documents, e.g. India

Uncodified:
no bringing together in one or series of documents, instead constitutional provisions are located in a diverse ranges of sources, not all of which are written, e.g. Israel

Question 6

RIGID v FLEXIBLE

Answer 6

Rigid:
special procedure is required to alter the constitution, e.g. USA

Flexible:
constitution can be amended using ordinary legislative process, e.g. New Zealand

Question 7

FEDERAL v UNITARY

Answer 7

Federal:
powers and responsibilities of the institutions are divided between central federal institutions and local (state or province) institutions, whose and existence are expressly protected, e.g. USA

Unitary:
power focused in the main central institution(s), e.g. Ireland

Question 8

“Be you ever so high, the law is above you.”

Answer 8

Lord Denning in the 1977 case Gouriet v Union of Post Office Workers and Others,