Constitutions Flashcards
(26 cards)
What are the main functions of constitutions as rules?
Rules define functions and powers of public law actors and institutions and establishes the relationships between them
What is the definition of a constitution according to Marshall?
The combination of legal and non-legal rules that provide the framework of government and regulate the behaviour of major political actors.
What does KC Wheare define as a constitution?
The whole system of government of a country, the collection of rules which establish and regulate or govern the government.
What is Kelsen’s concept of ‘Grundnorm’?
A foundational norm that serves as a basis for the hierarchy of norms within a legal system.
What does ‘Staatsgebiet’ refer to?
The existence of the state as a clearly defined, independent territory.
What does ‘Staatsvolk’ connote?
The idea of the state as the aggregation of the members of the association – subjects or citizens – within that territory.
What is the role of welfare in the context of constitutions?
Security, social security, wellbeing, and the common good.
What does Hobbes describe as the state of man without a social contract?
Solitary, poor, nasty, brutish, and short.
What are examples of social security measures mentioned?
- Poor Law Amendment Act 1834
- Factory Acts 1833, 1847
- Old Age Pensions Act 1908
- National Health Service Act 1946
What is meant by ‘legitimacy’ in the context of constitutions?
Making power accountable and managing disagreement.
What are the key aspects of managing disagreements for legitimacy?
- Creating an environment for debate
- The role of democratic representation
- Protecting dissent
True or False: Constitutions are linked to the promotion of a theory of government based on contract and limited government.
True
What is a codified constitution?
A constitution that is written down, often in one place.
What distinguishes an uncodified constitution?
A mixture of written and unwritten sources, potentially across multiple locations.
What does the UK Constitution consist of?
Various institutions, statutes, judicial decisions, principles, and practices commonly understood as ‘constitutional’.
What is a constitutional monarchy?
A form of government where the ability to make laws lies with an elected Parliament and Government, not the monarch. (
What characterizes a parliamentary democracy?
Elections are held regularly, and the government is drawn from Parliament.
What is the difference between a unitary and federal state structure?
- Unitary: Centralized source of sovereign power
- Federal: Distribution of power among multiple sources
What is the significance of devolution in the UK?
Specific powers are delegated to devolved governments and legislatures.
What does autocracy mean?
Power is held by an individual or small group with limited electoral participation.
Fill in the blank: The UK does not have a _______ constitution.
codified
What is the role of the electorate in political constitutionalism?
To determine constitutional rules through political actors and referendums.
What does legal constitutionalism prioritize?
The protection of minority constitutional rights against majority wishes.
What is the relationship between the legislative and executive branches in a presidential government?
Generally separate with specific powers accruing to each branch.
