Political Science 1020E Study Guide - Quiz Guide: Liberal Democracy, Justiciability
16 Oct 2018
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Different classifications of constitutions in:
The form and status of its rules
- Written constitutions are enshrine in laws and created by humans. Unwritten
constitutions are supposedly embodied in custom and tradition and evolved
naturally through history. this classification largely abandoned, because
nowadays mainly written and misleading, since not one constitutions is entirely
written in that all rules are formal and legally enforceable. Thus, every is a mix
between written and unwritten, varies: GE and FR clear rules, USA only 7000
words, loose framework.
Codified/written or not.
- Codified constitution = one in which key constitutional provisions are collected
together within a single legal document: the constitution. 1) Document has
highest law of the country, authoritative. Hierarchy of laws. 2) Provisions are
entranced, so difficult to abolish or change rules herein. Ensured status. 3) Logic
of codification dictates that it must be justiciable: all political bodies must be
subject to the authority of the courts. (See box p.319).
- Uncodified = (UK). Statute law, common law, conventions and various works of
authority that clarity and explain the constitution’s unwritten elements. 2)
legislature enjoys sovereign or unchallengeable authority. Constitutions means
what parliament says it means. Critic: concentration of power in the hands of the
executive to which this leads. Changed a bit.
The ease of changing
- Rigid: procedures for amending, easily to adapt changing circumstances. Codified
relatively rigid, because higher law.
- Flexible: uncodified, because laws of significance can be changed through
ordinary legislative process and conventions are based on conduct and practice.
Varies. US: only one with amendments, FR: 17. Referendums or via legislature,
with majority support.
Document Summary
Written constitutions are enshrine in laws and created by humans. Thus, every is a mix between written and unwritten, varies: ge and fr clear rules, usa only 7000 words, loose framework. Codified constitution = one in which key constitutional provisions are collected together within a single legal document: the constitution. 1) document has highest law of the country, authoritative. 2) provisions are entranced, so difficult to abolish or change rules herein. 3) logic of codification dictates that it must be justiciable: all political bodies must be subject to the authority of the courts. (see box p. 319). Statute law, common law, conventions and various works of authority that clarity and explain the constitution"s unwritten elements. Critic: concentration of power in the hands of the executive to which this leads. Rigid: procedures for amending, easily to adapt changing circumstances. Flexible: uncodified, because laws of significance can be changed through ordinary legislative process and conventions are based on conduct and practice.
