The constitution Flashcards
What does the constitution do?
Anticipates issues that might arrise and provides mechanisms by which such issue should may be resolved
Things that the constitution sets
Power allocation
Accountability
Legitimacy and consensus(each individual is a morally valuable human being)
Permanency
What is constitutional law?
The law that provides the framework of the state and establishes the states principle institutions e.g 3 sections of state
What is administrative law?
The law that provides the legal power and the legal duties of individual public bodies and public authorities e.g local authority powers and duties.
Explain the corsety function and who is it by?
D.Feldman
First two are the body politic that if expanded may lead in undesirable directions that may need to be restrained
Third. If exposed may be improper or indecent and appeals to the morality of the people.
Lastly. The clothes must be sufficiently flexible and adaptable to avoid a new wardrobe each time the body changes.
Cannot be unlimited then the first two principles will be broken but cannot be too restricting to allow for an organic state to change over time.
Tell me how the constitution is shaped by its values. And who said it?
A.Tomkins
Constitution is shaped by the nations values and goals that are recognised in the political ideas.
Tell me about reform. Since what year?
Give examples
Has been through much reform since 1997
Devolution to Scotland, Northern Ireland, Wales, fixed terms parliament act.
What are we moving too and from?
Who said this?
Vernom bongdanor
We are moving from parliamentary sovereignty to constitutional sovereignty
Sources of the constitution
International/European law
Domestic law, non legal sources.
Such as acts of Parliament, constitutional conventions and eu law.
Interpreting the constitution judges
Ordinary law such as applying when elections are too be held.
Interpreted legislation so basically if it matches with the constitutional principles of allowing elections to be every 10 years.
There may be no legal rules at all so those involved might arrive at an informal solution.
Examples include constitutional conventions.
A protest will only be protected under article 11 if…
It is a peaceful assemble and does not conflict with section 2
Why might the protection of people’s rights be more that 2 dimensional between the protestors and the people that suffer from the protest.
As the interests of the protestors themselves might be at stake, counter protestors, those living and working near by and the wider society such as costs to police and economic loss caused by the protest.
What happened in öllinger v Austria
Two groups wished to hold conflicting peaceful protests in a cemetery and one group was banned as it was necessary to protect the rights of the other people who simply wished to attend the cemetery.
The court noted If every probability of tension and heated exchange between opposing groups society would be faced with being deprived of the opportunity to hear different views.
Who said the extreme that the constitution doesn’t mean much?
JAG Griffith
In the 4 things that the constitution does what is the 3rd one?
Cannot behave improperly
