Week 1- Revolutions and Constitutions Flashcards
Describe what a revolutionary constitution vs. evolutionary constitution
-A revolutionary constitution is one which sets the foundation of how a state is organised/ beliefs are formed
-An evolutionary constitution is one which modifies existing features of the constitution(?) (evolving constantly)
What is the solution to adapting a rigid constitution?
- Amendments
What is the solution to adapting a flexible constitution
-(re)interpreting
Describe what unitarism is
- States derive their power/competences from central authority
-powers not enshrined in constitution, delegated
-governed as single authority
Describe what federalism is
-powers of subunits enshrined in constitution
-partially self governing
What are the purposes of a constitution according to Heringa?
- S & M an effect. state
- respect towards democ.
- law- abide
What are the general purposes of the constitutions according to this course?
- 2 establish gov.
-Create organs/ institutions - Limit PA (e.g through limits 2 fundamental rights)
What is the purpose of writing down constitutions
- clarify pos. of state
- Legal certainty (gpl)
- marking historic moment (new era)