Term
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Definition
Has two generally accepted meanings:
In the broader sense it is a body of fundamental laws, rules and practices that defines the basic structures of government, allocates power among governmental institutions and regulates the political relationship between citizens and the state.
In a narrower sense, it refers to a specific document/collection of documents. |
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Term
| Functions of Constitutions |
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Definition
1. To define the structure of major institutions of government.
2. To divide powers and responsibilities among the various institutions of government.
3. To regulate regulations between the citizen and the state.
4. To serve as a political symbol.
5. To specify a method for amending the Constitution. |
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Term
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Definition
1. Revolution
2. Decolonization
3. Aftermath of War
4. Secession |
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Term
| Elements of the Constitution |
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Definition
1) Preamble – a political manifesto, setting out the goals and priorities of the government
2) An organizational chart – delineates whether the political institutions are to be federal or unitary, presidential or parliamentary in nature
3) An amending clause – for future revision of the constitution. It specifies who is involved, the nature and kinds of amendments allowed and the procedures to be utilized
4) A bill of rights – based on the assumption that individuals need extra protection from their own government, as well as actions of their fellow citizens. |
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Term
| Constitutional Convention |
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Definition
| According to K.C. Wheare, a binding rule, a rule of behaviour accepted as obligatory by those concerned with the working of the Constitution. |
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Term
| Vertical Division of Power |
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Definition
| The allocation of sovereign or supreme lawmaking authority between the national government and various subnational governments. We may identify 3 types of constitution in dividing power this way: confederal, federal and unitary. |
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Term
| Horizontal Division of Power |
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Definition
| The allocation of authority between executive and legislative branches. Here we may identify 3 principal forms of government: parliamentary, presidential and semi-presidential. |
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Term
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Definition
| A state in which sovereignty is retained by many existing states agreeing to cooperate to achieve common purposes; a central government receives limited power which is allocated by its member states. The EU has features of a Confederation, and not many exist today. |
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Term
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Definition
| A state in which sovereignty is divided between national subnational governments (Ex. Canada, US, Australia). Different powers are allotted to different levels of government and conflicts are settled by judicial review. |
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Term
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Definition
| Authority which is delegated in the Constitution. |
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Term
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Definition
| Powers which are not enumerated in the Constitution; the Constitution states who receives the residual powers. |
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Term
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Definition
| Certain areas of jurisdiction in which both levels of government may pass laws. |
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Term
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Definition
| The formal representation of states or provinces in the upper house of the national legislature (ex. US Senate). |
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Term
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Definition
| The intergovernmental division of powers. |
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Term
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Definition
- Ensures the distribution of power
- Serves interests of minorities concentrated in one geographical area
- Allows subnational governments to adopt suited policies to their populations
- May foster policy innovation |
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Term
| Arguments AGAINST Federalism |
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Definition
- May make minorities vulnerable to hostile majorities
- It doesn't help minorities who are geographically dispersed
- May give rise to intergovernmental conflicts, which may obstruct or delay decisions
- May lead to secessionist movements |
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Term
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Definition
| A state in which the central government gets sovereignty and assigns power to subnational governments (through a process called devolution). |
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Term
| Mechanisms of Constitutional Change |
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Definition
1. Evolving Usages and Conventions
2. Judicial Review
3. Constitutional Amendment (through the formula, which is usually rigid; most rigid in federal governments) |
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