the constitution Flashcards
what is a constitution?
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
what and when was the enlightenment?
a wide ranging philosophical, cultural and scientific movement in 18th century europe
what are the functions of a constitution?
- 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
what is an example of this function of a constitution: decides how political power should be shared within a country?
devolution (the scotland acts)
us state governments
what is an example of this function of a constitution: establishes the political processes?
the relationship between the us state courts and the supreme court
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?
the us amendments
the 2020/2021 emergency powers for covid-19 lockdowns
what is an example of this function of a constitution: to show how a constitution can be amended?
can be changed through laws in the uk
what is an example of this function of a constitution: to determine how political power should be shared within a state?
local government act 2000
us federal government
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?
the 14th us amendment
2002 overseas territory act
what is a codified constitution?
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
what are some features of a codified constitution?
- 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
what is an uncodified constitution?
a constitution where the laws, rules and principles detailing how a state should be governed are not gathered in a single document
what are some features of an uncodified constitution?
- 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