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
    • 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
      • 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
    • 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

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