The Constitution notes
The constitution
Constitution - Set of rules to establish powers and functions of institutions of gvt – specifically exec, leg, judic – second function to define relationship between individual and state – extent of liberty – codified (USA where con becomes sovereign) and uncodified (UK with sovereignty elsewhere) – federal (UK) and unitary (USA)
Codified constitution – often result of revolutionary change
1. Authoritative so constitutes “higher law” – has sovereignty and binds gvt institutions – USA con more powerful than gvt – so two-tier legal system – con laws higher than statute law
2. Laws and rights entrenched – rigid - hard to amend, abolish, add – complex procedure – USA passed by 2/3 congress and 37/50 state legislatures – retains sovereignty, protect rights
3. Judiciable as outlines gvt functions in terms of “higher law” – all political bodies subject to courts – supreme/con courts – USA supreme courts decides constitutionality of law
Uncodified constitution – evolutionary change in society – has variety of sources
1. Not authoritative – con law same status as statute law – doesn’t have sov so can’t bind gvt institutions – single-tier legal system – no “higher law” – no con/supreme courts
2. Not entrenched – flexible – no special process to amend – UK parl sov – no parl can bind successors
3. Not judiciable – laws or actions of political bodies cannot be declared unconstitutional
Unitary constitution – sov concentrated in single body or national gvt – can abolish, strengthen, weaken other institutions – UK parl has total sov, devolved institutions have none
Federal constitution – divide sov between central and regional gvt – both have powers that the other can’t encroach on – USA state gvt have powers to do certain things
.
Sources of the UK constitution
1. Statute law – formal, written, made by parl – only of con significance if affect gvt powers or citizen rights – 1998 Scotland Act, Human Rights Act – most important source due
Constitution - Set of rules to establish powers and functions of institutions of gvt – specifically exec, leg, judic – second function to define relationship between individual and state – extent of liberty – codified (USA where con becomes sovereign) and uncodified (UK with sovereignty elsewhere) – federal (UK) and unitary (USA)
Codified constitution – often result of revolutionary change
1. Authoritative so constitutes “higher law” – has sovereignty and binds gvt institutions – USA con more powerful than gvt – so two-tier legal system – con laws higher than statute law
2. Laws and rights entrenched – rigid - hard to amend, abolish, add – complex procedure – USA passed by 2/3 congress and 37/50 state legislatures – retains sovereignty, protect rights
3. Judiciable as outlines gvt functions in terms of “higher law” – all political bodies subject to courts – supreme/con courts – USA supreme courts decides constitutionality of law
Uncodified constitution – evolutionary change in society – has variety of sources
1. Not authoritative – con law same status as statute law – doesn’t have sov so can’t bind gvt institutions – single-tier legal system – no “higher law” – no con/supreme courts
2. Not entrenched – flexible – no special process to amend – UK parl sov – no parl can bind successors
3. Not judiciable – laws or actions of political bodies cannot be declared unconstitutional
Unitary constitution – sov concentrated in single body or national gvt – can abolish, strengthen, weaken other institutions – UK parl has total sov, devolved institutions have none
Federal constitution – divide sov between central and regional gvt – both have powers that the other can’t encroach on – USA state gvt have powers to do certain things
.
Sources of the UK constitution
1. Statute law – formal, written, made by parl – only of con significance if affect gvt powers or citizen rights – 1998 Scotland Act, Human Rights Act – most important source due