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constitution short notes part 1, Study notes of Political Science

brief about constitution and aims

Typology: Study notes

2023/2024

Uploaded on 03/20/2024

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CONSTITUTION
A
constitution
is,
broadly, a
set
of
rules
that
seek
to
establish
the
duties,
powers
and
functions
of
the
various
institutions
of
*govern-
ment,
regulate
the
relationships
between
them,
and
define
the
rela-
tionship
between
the
*state
and
the
individual.
Constitutions
thus
lay
down
certain
meta-rules
for
the
political
system;
in
effect,
these
are
rules
thhatgovern
thegovernment.,ust
as
government
estabiishes
ortdered
rule
in
society
at
large, a
constitution
brings
stab1l1ty,
predictabiiity
and
Fordcr
to
the
actions
of
government.
The
most
common
way
of
classifying
constitutions
is
to
distinguish
between
codified
and
uncodifjed,
or
written
and
unwritten,
constitutions.
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CONSTITUTION

A constitution^ is, broadly, a^ set^ of^ rules^ that^

seek to^ establish^ the

duties, powers^ and^

functions of the^ various^ institutions^ of *govern-

ment, regulate^

the relationships between^ them, and^

define the rela-

tionship between^ the^

*state and the^ individual.^ Constitutions^

thus

lay down^

certain meta-rules for^ the^ political system;^

in effect, these

are rules^ thhatgovern thegovernment.,ust^ as^

government estabiishes

ortdered rule^ in^ society^

at large, a^ constitution^ brings^ stab1l1ty,

predictabiiity

and Fordcr^ to^ the^ actions of government.^

The most

common way of^ classifying^

constitutions is^ to^ distinguish between

codified and^ uncodifjed,^

or written^ and^ unwritten,^

constitutions.

197 STRUCTURES

Godified constitutions draw together

key constitutional provisiorns

within a^ single,

legal (^) documcnt, (^) popularly known (^) as a

constitution or "thc wIitten

constitution'. These documents are author-

itative in^ the (^) sense-that (^) they (^) constitute 'higher law-^ indeed,^ n

highest law^ of the land. This, in

turn, (^) entrenches the (^) provisions o the (^) constitution, in (^) that

they can^ only be amended or abolished usin

a (^) process more complicated than that (^) employed for (^) statute (^) *law Finally, the^ logic (^) of (^) the codifiçation dictates that, as the sets (^) out the (^) duties, constitution powers and^ functions (^) of (^) government institutions in (^) terms (^) ol "higher' (^) law, it^ must be (^) justiciable, meaning that^ all political (^) bodies must be subject to^ the^ authority of^ the (^) courts, and in particular a^ supreme or (^) constitutional court. Uncodtied (^) constitutions are (^) now (^) found in

only two^ *liberal^ democ-

racies (Isracl and the

UK) and^ a^ handful of (^) non-democratic states. In (^) the absençe of a^ 'written' (^) constitution, (^) uncodified

draw constitutions

upon a^ variety of sources (in the UK, these include

statute law, common^ law, (^) conventions, works (^) of

authority and^ EU^ law).

Laws of^ constitutional

significance (^) are thus not^ entrenched: (^) they may be^ changed (^) through the ordinary (^) legislative (^) process. Most importantly, this^ means (^) that *sovereignty, or^ unchangeable (^) legal *authority, is^ vested^ in^ the *parliament. The^ parliament has the

right. to^ make or^ unmake any law

whatsoevcr, no^ body, (^) including the (^) courts, (^) having the ability to^ override or (^) set (^) aside (^) its laws. Alter-

native ways of

classifying constitutions (^) deal (^) with (^) the ease (^) with

which the constitution can be

changed (^) (whether it (^) is (^) rigid or flex- ible), the^ degree to (^) which (^) the

constitution is obscrved in

tice (^) (whcther it.is prac: effective, (^) nominal or a the (^) basis (^) of façade^ constitution), or

its contents

(whether it^ is^ monarchical (^) or federal or^ republican, unitary, or^ parliamentary or presidential). Significance Although the^ evolution (^) of the (^) British constitution (^) is (^) sometimes traced back^ to the (^) Bill of (^) Rights of (^) 1689, or (^) evcn (^) the of (^) 1215, it^ is Magna^ Carta mofe (^) helpful to^ think (^) of (^) constitutions

as late

century (^) creations. (^) The eightcenth- 'áge of^ constitutions' (^) was enactment ol^ the first initiated^ by^ the

'written'

in constitutions:^ the^ US^ Constitution (^1787) and the (^) French Declaration (^) of (^) the Citizen in^ 1789. Rights^ of^ Man^ and the Constitutions (^) play (^) a Or number^ of^ vital^ roles^ in^ the kings of^ modern political (^) systems. The (^) most basic (^) of these is

STRUCTURES

constitutional supremacy ultimately resides with non-elected Judges rather than democratically accountable politicians, as constitutional documents are incvitably biased, they may either (^) promote ideological hegemony or^ precipitate more^ con- flicts than they resolve; estabiishing a^ codified^ constitution (^) requires that^ all^ major parties agree about (^) impórtant features^ ofthe political^ systen,^ which may not be the case.