D. INTRODUCTION TO CONSTITUTION Flashcards
(46 cards)
considered as the most supreme law of the land
Constitution
It is the basic principles of the state, the structures and processes of government and the fundamental rights of citizens in a higher law that cannot be unilaterally changed by an ordinary legislative act.
Constitution
What are the Functions of a Constitution?
Constitutions can declare and define the boundaries of the political community.
Constitutions can declare and define the nature and authority of the political
community.
Constitutions can express the identity and values of a national community.
Constitutions can declare and define the rights and duties of citizens.
Constitutions can establish and regulate the political institutions of the community.
Constitutions can divide or share power between different layers of government or
sub-state communities.
Constitutions can commit states to particular social, economic or developmental
goals.
Constitutions as social declarations.
Constitutions as political instruments.
What are the Kinds of Constitution?
Conventional
Cumulative
Written
Unwritten
Rigid
Flexible
Kind of Constitution that is established by constituent assembly or by an elected body or group of people tasked to draft a constitution.
Conventional Constitution
Kimd of Constitution that is a product of growth or long period
of development, originating from customs, traditions, and judicial decisions, rather than from a deliberate and formal enactment.
Cumulative Constitution
Kind of constitution that has definite written format on a particular time, usually drafted by an assembly. It is codified in a single document or sets of legal documents.
Written Constitution
Kind of Constitution that is not embodied on a single document, but can be verbally. It exists based in an abstract sense, consisting of customs, traditions and practices which evolved over a long period of time.
Unwritten Constitution
Kind of constitution that can be amended or revised through a long and rigorous process, like approval of people and majority in the legislature.
Rigid Constitution
Kind of constitution that can be changed through ordinary legislative procedures. It can be conveniently amended as it is not required to follow any special process or standard.
Flexible Constitution
What are the Contents/Provisions of the Constitution?
-Preamble
-Preliminaries
-Fundamental Rights
-Social and economic rights or policy directives
-Parliament or legislature
-Head of State
-Government
-Judiciary
-Sub-national government
-Provisions for referendums
-Institutions of the so-called integrity branch
-Security sector
-Other miscellaneous provisions
-Amendment procedures, implementation timetable and transitionary provisions.
What content/provision of the constitution is this?
a statement of the overarching motives and goals of the constitution-making exercise, sometimes referring to important historical events, national identity or values.
Preamble
What content/provision of the constitution is this?
a declaration of sovereignty or of basic principles of government; the
name and territory of the state; citizenship and franchise; state ideology, values or
objectives.
Preliminaries
What content/provision of the constitution is this?
a list of rights, including their applicability, enforcement, limitations, suspension or restriction during a state of emergency.
Fundamental Rights
What content/provision of the constitution is this?
its structure, composition, functions, power, terms of
office, privileges, procedures, prohibitions, rules on removal from office.
Parliament/Legislature
What content/provision of the constitution is this?
the method of selection, powers, functions, terms of office, rules of
succession, privileges, prohibitions, rules on removal from office.
Head of State
What content/provision of the constitution is this?
government
formation rules, responsibility, powers, prohibitions, rules on removal from office.
Government
What content/provision of the constitution is this?
Court system, judicial appointments, judicial independence, public
prosecutors, terms of office, powers, functions, prohibitions, rules on removal from
office.
Judiciary
What content/provision of the constitution is this?
federal or devolved powers, local government.
Sub-national Government
What content/provision of the constitution is this?
procedures, other methods, prohibitions.
Provisions for referendums
What content/provision of the constitution is this?
(electoral commission, civil service,
ombudsman, audit institution, etc)
Institutions for the so-called integrity branch
What content/provision of the constitution is this?
commander-in-chief, any restrictions on military power.
Security Sector
What content/provision of the constitution is this?
special provisions for particular groups, language laws, particular institution, etc.
Other miscellaneous provisions
What are the Common Legal Terms on Constitution?
-Amendment
-Appropriation
-Article
-Bill
-Bill of Rights
-Constitution
-Constituent Assembly
-Constitutional Convention
-Enactment
-Executive Power
-Impeachment
-Judiciary
-Legislation
-Plebiscite
-Proclamation
-Procurement
-Ratification
-Referendum
-Resolution
-Rule of Law
