1102GIR Lecture Notes - Lecture 3: Totalitarianism, Negative And Positive Rights, Lords Spiritual
4 May 2018
School
Department
Course
Professor
L3. Constitutions and Courts
Aims and Organisation
After this lecture, you should be able to
• Understand the core political functions of constitutions
• Appreciate why constitutions have a unique legal status
• Understand the concept of the rule of law and the separation of powers
• Understand the role of courts in politics
The Role and Status of Constitutions
• Functions of constitutions
a. Statement of shared values and aspirations
• The preamble
• Garners support
• States principles
• Establishes national identity
• Examples
• USA, 1787: "We the people of the United States, in order to form a
more perfect union, establish justice, insure domestic tranquillity,
provide for the common defence, to promote the general welfare and
secure the blessings of liberty to ourselves and our posterity, do ordain
and establish this constitution for the United States of America"
(statement of principles to guide the country, written on behalf of the
entire nation)
• Declaration of Independence, 1776: "We hold these truths to be self-
evident, that all men are created equal, that they are endowed by their
Creator with certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness.
That to secure these rights, Governments are instituted among Men,
deriving their just powers from the consent of the governed, That
whenever any Form of Government becomes destructive of these ends,
it is the Right of the People to alter or to abolish it, and to institute
new Government, laying its foundation on such principles and
organising its powers in such form, as to them shall seem most likely to
effect their Safety and Happiness.
Prudence, indeed, will dictate that Governments long established
should not be changed for light and transient causes; and accordingly
all experience hath shewn, that mankind are more disposed to suffer,
while evils are sufferable, than to right themselves by abolishing the
forms to which they are accustomed. But when a long train of abuses
and usurpations, pursuing invariably the same Object evinces a design
to reduce them under absolute Despotism, it is their right, it is their
duty, to throw off such Government, and to provide new Guards for
their future security."
(focuses on rights of people rather than powers, sovereignty lies in the
people rather than the state or monarch, encouragement or 'duty' for
the people to throw out the government if they do not follow the
listed principles, written by Thomas Jefferson despite his ownership of
slaves)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Functions of constitutions: statement of shared values and aspirations, the preamble, garners support. Creator with certain unalienable rights, that among these are life, And whereas it is expedient to provide for the admission into the commonwealth of other. Infringed upon by vlad bikie laws: can cause criminal behaviour and revolutions, religion. Idea that in order to prevent the state abusing its authority and to uphold the state"s authority, all power should not be put into one person or institution, as it could create conflicts in interests and absolute power. Legislature: making law: executive: putting law into effect. Includes operating a separation of powers amongst the different levels of government. Statutory law: canadian constitution act (1982, popular initiative/will of the people, referenda, role of third parties: occupying and imperial governments. In practice the distinctions are blurry, but constitutions are special laws. Strengths: clarity, simplicity: weaknesses: idealised, inflexible, uncodified. Strengths: adaptability, sensitivity: weaknesses: uncertainty, difficult to reform.
