Chapter 1: Nature, Sources And Scope Of Constitutional Law

Question 1

What are the 7 basic characteristics of a Constitution

Answer 1

1. It is a product of constituent power
2. It may evolve over time (UK) or be enacted at a historical point in time Ghana’s 1992 Constitution
3. It establishes the state, it’s devisions and systems of government
4. It is the fundamental law
5. It is made up of practices, usages attitudes and conventions – understood and implemented over the years widely accepted
6. It has special sanctity – constituent power giving it high heiracy
7. It is a mirror of the constituent power

Question 2

The general contents of a Constitution include:

Answer 2

The ideals & values of the society
Structure and organization of government or centres of power
Provisions dealing with the distribution of functions and powers
Clauses dealing with the rights and duties of individuals

Question 3

Classification of a Constitution

Answer 3

a. Rigid v. Flexible
b. Monarchical v. Republican
c. Presidential v. Parliamentary
d. Federal v. Unitary
e. Single v. Multiparty
f. Bicamersl v. Unicameral
g. Diarchical
h. Written v. Unwritten

Question 4

Rigid v. Flexible

Answer 4

This focuses on the amendment process for the Constitution. A flexible Constitution does not require any special ammendment procedure. It may be changed just like any other law. Rigid Constitutions however require a special process.

Question 5

Monarchical v. Republican

Answer 5

The focus here is on the method by which the head of state assumes office. If office is passed on through hereditary rules, the Constitution is monarchical. However, if the position is attained through elections or non hereditary means, then it a Republican Constitution

Question 6

Presidential v. Parliamentary

Answer 6

This looks at the level of influence between the legislature and executive. If the executive is amswerable to the legislature –the legislature can vote you out for example, then it is a parliamentary Constitution. If the president (or executive) is separate from the legislature, then it is a presidential Constitution

Question 7

Federal v. Unitary

Answer 7

Whether the state’s power is vested in one authority or distributed of governmental powers and functions between a national/central government and two or more authorities on a regional/provincial basis. Not just for the sake of desentralising power but a semi-autonomous entity with responsibilities

Question 8

Single v. Multiparty

Answer 8

This focuses on freedom of association. If the Constitution stipulates there can only be one political party, then it is a single Constitution. The reverse is true

Question 9

Unicameral v. Bicameral

Answer 9

The focus here is the structure of the legislsture. If the Constitution allows for a single chamber, it’s unicameral. If it prescribes a dual legislative body, it’s bicameral

Question 10

Diarchical Constitution

Answer 10

This splits functions of government among two distinct parties. For instance, lawmaking. In a Dyrachy, there would be one body focused on local laws and yet another focused on international policy

Question 11

Sources of Constitutional Law

Answer 11

i. Constitutional instruments or the Constitution’s legal aspect
ii. Legislation (organic laws)
iii. Judicial decisions
iv. Conventions
v. Customary law
vi. Common law
vii. Textbooks

Question 12

Rigid/ Flexible Constitution

Answer 12

This focuses on the amendment process of the constitution. A flexible Constitution simply means it does not require special amendment procedures – They can be changed like any other. A rigid one would require special procedures. For instance a particular majority of legislatute, a referendum etc

Question 13

Monarchical v. Republican

Answer 13

Here, the focus is on how the head of state comes into office. If it’s through some form of hereditary assent, then it is monarchical. If it’s through elections or some other form of non-hereditary assent, then it’s a Republican one

Question 14

Presidential v Parliamentary

Answer 14

The focus here is on dependence. If the president (usually PM) needs the constant support of the parliament to keep him in office. A vote of no confidence sacks him, the parliament appoints him, then we’re looking at presidential if parliament can’t simple vote out a president because they are no longer sure of his ability to perform, then it’s a presidential constitution