the constitution Flashcards

1
Q

what is a constitution?

A

a set of principles (which may be written or unwritten) that establish the distribution of power within a political system, relationships between poltitical institutions, the limit of government jurisdiction, the rights of citizens and the method of amending the constitution itself

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2
Q

what and when was the enlightenment?

A

a wide ranging philosophical, cultural and scientific movement in 18th century europe

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3
Q

what are the functions of a constitution?

A
  • decides how political power should be shared within a country
  • establishes the political processes
  • states what limits can be placed on a government’s power and what rights citizens have
  • to show how a constitution can be amended
  • to determine how political power should be shared within a state
  • establishes rules of nationality and who is entitled to be a citizen, as well as defining territory
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4
Q

what is an example of this function of a constitution: decides how political power should be shared within a country?

A

devolution (the scotland acts)
us state governments

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5
Q

what is an example of this function of a constitution: establishes the political processes?

A

the relationship between the us state courts and the supreme court

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6
Q

what is an example of this function of a constitution: states what limits can be placed on a government’s power and what rights citizens have?

A

the us amendments
the 2020/2021 emergency powers for covid-19 lockdowns

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7
Q

what is an example of this function of a constitution: to show how a constitution can be amended?

A

can be changed through laws in the uk

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8
Q

what is an example of this function of a constitution: to determine how political power should be shared within a state?

A

local government act 2000
us federal government

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9
Q

what is an example of this function of a constitution: establishes rules of nationality and who is entitled to be a citizen, as well as defining territory?

A

the 14th us amendment
2002 overseas territory act

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10
Q

what is a codified constitution?

A

a constitution in which all of the fundamental rules that govern a country or state and many of the principles that underpin it are set out in a single authoritative document

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11
Q

what are some features of a codified constitution?

A
  • often formed after a particular event in a country’s history
  • contains rules for changing or amending it
  • constitutional laws hold higher value than regular laws
  • gives and upholds the rights of citizens
  • provides a focus for national identification
  • easily accessed
  • created a 2-tier legal system
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12
Q

what is an uncodified constitution?

A

a constitution where the laws, rules and principles detailing how a state should be governed are not gathered in a single document

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13
Q

what are some features of an uncodified constitution?

A
  • not written in a single document or in an organised way
  • parts may be written in different places
  • some aspects just exist (e.g. the reliance on conventions)
  • no rules of entrenched makes it easy to change
  • constitutional laws hold the same status as regular laws
  • actions of the courts are limited as there is no document to name a constitutional court
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