What Is A Constitution?

Question 1

What is a constitution?

Ridley

Answer 1

Ridley’s four characteristics of a constitution:

1. ) Establishes systems of government
2. ) involves authority outside and above the order that establishes it.
3. ) A form of law superior to all other laws because it originates in an authority higher than legislature
4. ) it is entrenched to limit powers of government and originates from a higher authority

Question 2

What is a constitution?

Boydanor

Answer 2

“What the queen in parliament enacts is law”

•because we have a separation of powers and statutes protecting our rights, that power rests with the people so we have a flexible constitution

Question 3

Key functions of a constitution:

Answer 3

• Establishes the central structures of government
• Define and delimit the powers exercisable by government
• Define the relationships between individuals and the state

Question 4

Ridley’s argument for no constitution:

Answer 4

• Sovereignty lies with parliament
• Laws described as constitutional are just statutes that can be changed easily by parliament and have no origination in higher authority

Question 5

Barendts facade constitutions:

Answer 5

Tyrannical governments like the Soviet Union operate within the constitution of their state but are not acting constitution