What is the constitution? Flashcards
What is a constitution?
A body of laws, rules and practices that set out the way in which a state or society is organised
What’s does the constitution provide?
An established relationship between the state and civilian
A frame work for the political system
To establish the main institutions of government
Protecting the rights
What does the constitution prevent?
Introducing a limited gov that prevents parliament and state from abusing their powers and hurting the people
What constitution does the UK have?
uncodified
what is an uncodified constitution?
Laws and rules about the state aren’t in a single written document
Found in a variety of ways such as written (laws) and unwritten (conversations)
What constitution does the USA have?
Codified
What is a codified constitution?
Provides an iconic position in the nations psyche
written in a single document
What are the 3 features of a codified constitution?
Authoritative
Entrenched
Judicable
Codified constitution- Authorative
A higher law, it binds all political institutions including those making ordinary laws
Codified constitutions- Entrenched
Constitution is difficult to amend or abolish
Codified constitutions- Judiciable
As constitution i s the higher law, the justiciary can declare weather the law is constitutional or unconstitutional
3 features of an uncodified constitution?
Non authorative
Non entrenched
Non judicable
Uncodified constitution- Non authorative
Constitutional laws are at the same status as ordinary laws
Uncodified constitution- Non entrenched?
Constitution can be easily changed through normal process for enacting statute laws
Uncodified constitution- Non judiciable?
In absence of higher law, judges don’t have legal say in what’s constitutional or not
What is a unitary state?
The Uk
The power is centralised (westminster)
Has the authority of over sub national govt
The centre dominates the political economic and cultural life status
What’s a federal state?
The USA
A state in which the constitutional divided decision making powers between national (federalism e.g. washington) And regional states tiers of gov
Different tears (regionalngiv) are protected by constitutions ( one tear can’t abolish the others)
- regions within the county have adhesive political and cultural identity
What is parliamentary sovereignty?
The legal supremacy
Power is vested in parliament and parliament is superior
Powers by parliamentary sovereignty?
Parliament can legislate on any subject if it’s choosing
Parliament can legislate on any subject or it’s choosing
Legislation can’t be overturned by any authority
No parliament can bind its successors
