Test 2 Flashcards
Constitution
A body of fundamental principles by which a state is governed
De Jure
Legally speaking, in law
De Facto
In fact or reality
Polity
A politically constituted unit, such as a state or other organized body
Types of State Displacement
Revolution, Military defeat & post war occupation, Independence from colonial rule, Collapse of existing state
Codified Constitution
A constitution which is contained in a single document and is the sole source of supreme law in a state
Stability
Need to quickly establish a governing ‘rule set’ to avoid anarchy
Legitimacy
Need to pursue widespread acceptance of these new rules
Demarcation
Need to fundamentally distinguish new state from the former one
Uncodified Constitution
A constitution comprised of multiple sources, which may be written or unwritten (such as traditions) that collectively serve as a governing formula
Entrenched Constitution
Constitutional law is recognized as supreme and given protections (i.e. ‘extraordinary’ amendment requirements) not afforded to other types of laws (i.e. codified systems)
Un-entrenched Constitution
Constitutional laws are not recognized as difference or supreme can thus be modified as easily as statutory laws (i.e. uncodified systems)
Entrenchment
The legal procedures established to govern the modification of a constitution
Statutory Law
Law set down by a state’s legislature
Parliamentary Sovereignty
A doctrine stipulating that acts passed by parliament are the supreme and final sources of law