Constitutional Supremacy Flashcards
(21 cards)
What is the primary focus of constitutional law?
The relationship between different organs of state and between the state and its citizens.
What are the two types of constitutions mentioned?
Written and unwritten constitutions.
How can a written constitution be structured?
It may be a primary document or a schedule to another document.
What is commonly referred to as the Bill of Rights?
The chapter that deals exclusively with fundamental rights and freedoms.
What are the steps in the process of drafting a constitution?
- Local Drafting
- Local Debates on the Draft
- Discussion and negotiation in England at Constitutional Convention
- Ratification by Local Legislature
- UK Act of Parliament
What criticism is leveled against Caribbean constitutions?
They were ‘imposed’ and lack autochthony.
What did Trinidad and Tobago and Guyana do regarding their Independence Constitution?
They abandoned the Independence Constitution.
What does Norman Manley suggest about the originality of Independence Constitutions?
Approximately 90% of the constitution is the same as existed before independence.
What did Lord Diplock state in Hinds v The Queen regarding new constitutions?
They were evolutionary, not revolutionary, and provided continuity in government.
What characterizes the Westminster Model Constitution?
- Head of State represented by the Governor General
- Separation of Head of State and Head of Government
- Cabinet Government
- Bicameral legislature
What is the voting system used in the Westminster Model?
First past the post.
What is the primary difference between Caribbean and U.K. constitutions?
- Single source vs. several sources
- Supremacy of Constitution vs. Parliamentary Supremacy
- Fundamental rights and freedoms are entrenched
In Adegbenro v Akintola, what did Viscount Radcliff emphasize about the interpretation of the Nigerian constitution?
It must be interpreted according to its own wording, not British practice.
What is the purpose of a preamble in a constitution?
To recite the goals and aspirations of the people.
What does the Supreme Law Clause do?
Proclaims the constitution’s supremacy over all other laws.
What is a Savings Law Clause?
It saves laws that existed before the constitution even if inconsistent with it.
What is required to change the constitution?
Different parliamentary majorities.
What is the minimum requirement to change the constitution?
Majority of the members of parliament present as long as they form a quorum.
What is the method for changing the constitution?
It must be changed by express amendment, not by implication.
What is a key challenge in changing constitutional provisions?
Some provisions require a referendum.
What does ‘interlocutory’ refer to in the context of constitutional changes?
Changes impacting another section of the constitution.
