3. Types of Constitutions Flashcards
(7 cards)
Rigid or Flexible Constitution
binding / not binding for legislative power → reinforced / non reinforced amending process in respect of ordinary
legislative process + protected / not protected by an authority that annuls unconstitutional statutes + supreme / not supreme law
Voted or Octroyée Constitution
adopted / not adopted by the people or by an elected assembly
Long or Short Constitution
detailed (and programmatic) / not detailed in shaping the system of government and of rights
“Original” Constitution
the constitutional text as interpreted and applied according to the original meaning at the time of adoption
“Material” Constitution
the constitutional text as interpreted and applied over time by the political and social forces
“Living” Constitution
the constitutional text as interpreted and applied over time by the supreme courts-constitutional courts
“Sham” Constitution
a constitutional text formally in force, but practically not-effective in shaping a political regime and protecting rights