Constitution
- Created by: jesskeayy
- Created on: 06-05-19 14:44
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- Constitution
- Basis of the relationship between the state and the individual. It sets up the relationship and sets out the rules for governing bodies
- Judiciary, executive and parliament
- Relationship between the state and the individual is the most important foundation for a functioning liberal democracy
- Liberal democracy- democracy based on the recognition of individual rights and freedoms
- Decisions from direct/ representative processes prevail in many policy areas
- Liberal democracy- democracy based on the recognition of individual rights and freedoms
- UK Constitution is uncodified
- Codified- written down. Uncodified- not written at all/ not written in full
- Codified- contain certain rules about amendment processes. Amendments may be made through 'super majority' of the legislature
- May be requirement for decisions to be made through referendum process
- Stringent processes tend to have rigid constitutions- e.g. Australia having 44 proposed amendments since 1990 and only passing 7
- Codified- contain certain rules about amendment processes. Amendments may be made through 'super majority' of the legislature
- Usually followed by conventions. Legally, they don't need to be followed, though traditionally they are
- Law doesn't negate all aspects of the constitution where it is uncodified
- Highest form of law in the country
- Codified- written down. Uncodified- not written at all/ not written in full
- Legislature may work within the framework established in the constitution
- Sun-national: powers devolved by parliament to new legislative/ executive institutions
- Supra-national: EU define powers/ regulations i.e. customs union, competition rules, fishing & agriculture policy
- EU Commission, EU Council and European Parliament have legislative powers
- Loveland- functionalist view
- looks at how constitution functions/ performs in a counbtry
- Looks at 'why' things happen. . Assumes the purposes of constitution is to articulate/ preserve society's principles
- Looks below surface at principles and why they're necessary
- A set of rules detailing a country's system of government
- 1066 Norman Conquest 1215 Magna Carta 1265 First Parliament 1689 Bill of rights
- Separation of powers: Parliament have power to make and change laws, guided by the constitution
- Judiciary are an independent body, with the power to make judgments based on laws
- Executive government have the power to put these laws in action
- Parliamentary Supremacy- foundation of constitution. Parliament is the supreme legal authority. No court can overrule its legislation
- ROL- Dicey. 1. nobody should be punished unless they've broken the law. 2. one should govern everyone. 3.rights are secured by judges decisions in law
- Basis of the relationship between the state and the individual. It sets up the relationship and sets out the rules for governing bodies
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