Term
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Definition
| Impossible to say. There is no consensus as to what the purpose of a constitution is, what form it should take, or what its content should be. |
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Term
| Despite there being no consensus on what a constitution is, it is possible to identify the general function and purpose of constitutions. What is this? |
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Definition
| Broadly speaking, it is to ensure the allocation of power amongst various bodies that compose a state and between the state and its citizens. |
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Term
| What is constitutionalism? |
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Definition
| Belief that a constitution exists to ensure citizens are governed in accordance with democratic principles and that those who govern have legitimacy for their actions (legitimacy derived form the constitution). |
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Term
| What is the difference between the constitutionalism conception of a constitution, and the general broad conception of a constitution? |
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Definition
| Constitutionalisms constitution is intertwined with democracy - appears to import a moral requirement into the constitution, whereas the general basic constitution doesn't necesarrily require any 'fairness', it is more about formalities. |
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Term
| The principle of constitutionalism broadly suggests that a constitution creates a system in which three key elements are present. What are these elements? |
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Definition
i) The limitation of power
ii) The seperation of powers
iii) The doctrine of responsible and accountable government |
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Term
| What is 'The limitation of power'? And what does it entail? (within the constitutionalism conception) |
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Definition
| It entails that the exercise of power must be within legal limits and that those that exercise it must be accountable in law. Further, that the exercise of power must confom to notions of respect for individuals and individual rights. |
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Term
| What does 'The Seperation of Power' within constitutionalism conception entail? |
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Definition
| That power is dispersed so as to avoid abuse of power |
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Term
| What does 'The doctrine of responsible and accountable government' within constitutionalism conception entail? |
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Definition
| That the Government is accountable to the people (electorate) on whose trust power is held. |
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Term
| Which author's work does this course use for classifying constitutions? |
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Definition
| Sir Kenneth Wheare - Modern Constitutions [1951] |
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Term
| What are the six categorising characteristics of constitutions, as cited by Sir Kenneth Wheare in Modern Constitutions [1951]? |
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Definition
i) Written / Unwirtten
ii)Rigid / Flexible
iii) Supreme / Subordinate
iv)Unitary / Federal
v) Seperated / Fused Powers
vi)Monarchical / Republican |
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Term
| i) Written / Unwirtten - Discuss... |
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Definition
| Traditionally taken to mean 'written within a single document'. UK constitution is unwritten in the sense that it is not written in a single document. The UK constitution is partly written and partly not-written, it comes from many different sources. |
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Term
| ii)Rigid / Flexible - Discuss... |
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Definition
Can constitutional law only be amended through a special & difficult procedure? = rigid
Can constitutional law be amended in the standard way? = Flexible
UK = flexible, in that Parliament is sovereign and can pass, amend or repeal any law with a simple majority. HOWEVER... in the UK, there are some legal and political constraints on what Parliament can and cannot do (See Parliamentary Soverignty) |
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Term
| Is the UK constitution Rigid or flexible? |
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Definition
| UK = flexible, in that Parliament is sovereign and can pass, amend or repeal any law with a simple majority. HOWEVER... in the UK, there are some legal and political constraints on what Parliament can and cannot do (See Parliamentary Soverignty) |
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Term
| Supreme / Subordinate - Discuss... |
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Definition
Supreme = the legislative powers of the hoverning body are unlimited
Subordinate = where the powers of the governing body are limited by some higher law
UK = Supreme. HOWEVER, membership of the EU has raised some issues in this context. |
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Term
| Unitary / Federal - Discuss... |
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Definition
Unitary = has the majority of its legal and executive power vested in central organs of the state
Federal = power is more distributed/divided between national or federal government (e.g. US)
UK = Unitary (But what about devolution?) |
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Term
| Separated / fused powers = Discuss... |
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Definition
Separated = extent to which constitution adopts and conforms tyo the Seperation of Powers
Fused = Doesn't conform to the Seperation of powers.
UK = Contested. Some argue that UK constitution is fused due to the large overlap between Govt and Parliament. Others argue that the UK does adhere to a seperation of sorts; there are clearly identifiable and distinct bodies exercising legislative, executive and judicial functions. There is overlap, but not the degree indicated by some. |
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Term
| Does the UK have a separated or fused constitution? |
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Definition
| UK = Contested. Some argue that UK constitution is fused due to the large overlap between Govt and Parliament. Others argue that the UK does adhere to a seperation of sorts; there are clearly identifiable and distinct bodies exercising legislative, executive and judicial functions. There is overlap, but not the degree indicated by some. |
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Term
| Monarchical / Republican - Discuss... |
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Definition
Monarchical = Monarch is the head of state.
Republican = usually a democratically elected person e.g. President
UK = Monarchical - All UK acts are passed in the name of the Crown. She has a large amount of theoretical legal power but little practical power. |
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