Week 1- Revolutions and Constitutions Flashcards

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1
Q

Describe what a revolutionary constitution vs. evolutionary constitution

A

-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)

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2
Q

What is the solution to adapting a rigid constitution?

A
  • Amendments
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3
Q

What is the solution to adapting a flexible constitution

A

-(re)interpreting

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4
Q

Describe what unitarism is

A
  • States derive their power/competences from central authority
    -powers not enshrined in constitution, delegated
    -governed as single authority
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5
Q

Describe what federalism is

A

-powers of subunits enshrined in constitution
-partially self governing

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6
Q

What are the purposes of a constitution according to Heringa?

A
  1. S & M an effect. state
  2. respect towards democ.
  3. law- abide
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7
Q

What are the general purposes of the constitutions according to this course?

A
  • 2 establish gov.
    -Create organs/ institutions
  • Limit PA (e.g through limits 2 fundamental rights)
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8
Q

What is the purpose of writing down constitutions

A
  1. clarify pos. of state
  2. Legal certainty (gpl)
  3. marking historic moment (new era)
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