Introduction to Constitutional Law Flashcards
1
Q
Law relating to the constitution
A
- No common definition or ideal type of constitution.
- Identifies the sources, purposes, uses and restraints on public power.
- We are concerned with power within nation states.
2
Q
What constitutional law does
A
- Constitutional law legitimises and authorises the ordinary law of the land giving it validity.
- Constitutional law is concerned with legal form and process rather than content.
3
Q
Definition of constitutional law
A
- Regulation of the relationship between citizen and the state.
- Regulation of the relationship of the organs of the government.
- “Constitutional law is concerned with conflicts between groups struggling for power and between those in power and individuals” (Alder, 2021).
4
Q
The organs of state government
A
- Legislature - Law making body.
- Executive - The administration.
- Judiciary - The courts.
5
Q
What does a constitution look like?
A
- Narrow interpretation.
- Formal document that outlines key rules.
- Special legal sanctity.
- A higher form of law.
6
Q
The purpose of a constitution
A
- Declaration of Independence.
- Rejection of British rule.
- Prevention of tyranny.
Creation of a democratic order. - Organised government.
7
Q
Written constitution
A
- Single legal document.
- Clear statement of basic values.
- Superior - Enforceable in Supreme Court.
A higher form of law.
8
Q
Unwritten constitutions
A
- Diverse sources.
- Less certain and clear
- No special status - Part of the ordinary law of the land.
- UK/ New Zealand.
9
Q
US Constitution 1787
A
- The shortest and oldest constitution. 4400 words.
10
Q
Rigid constitutions
A
- Certain aspects unalterable.
- Difficult to change.
- Special procedures.
- US - 2/3 congress and 3/4 os states to ratify.
11
Q
Flexible constitutions
A
- Laws not entrenched.
- Can respond quickly to change.
- No special procedure.
- UK/ Norway/ France.
12
Q
Supreme constitutions
A
Legislative power unlimited
13
Q
Subordinate constitution
A
Legislative powers limited by higher authority.
14
Q
Separated powers
A
Clearly defined allocation of power.
15
Q
Fused powers
A
Power can be in the hands of one institution. Totalitarian state.
