The functions of a constitution

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  • Functions of a constitution
    • They determine how power, within a state, should be distributed.
      • This includes federal settlements.
        • This is the division of power between the central govt and regional institutions.
          • E.g. The USA have supreme laws and state laws.
            • Washington DC and California legalises Cannabis, the death penalty and gun control.
    • Constitutions determine the balance of power between the president and PM, chambers of the bicameral system.
      • In the UK, powers based on law making, lies in Westminster (legislature).
      • Some of these powers have been given to the Scottish Parliament, Northern Ireland and Welsh assemblies, known as DEVOLUTION.
    • They establish the political processes that make the system work.
      • Such as the relationships between institutions.
        • HOC creates the laws.
        • HOL scrutinises the laws but cannot pass them.
    • They set out the rules that governs how they operate.
    • The constitution defines the relationship between the monarch and the EU.
      • The UK has to obide by the EU law, which is a supernatural institution.
    • Constitutions limits the govt's power, or the competence of the govt.
      • However, the govt's power in the UK, is not limited as the constitution is uncodified.
      • Whereas in the US, its constitution sets out the rules that the govt has to abide by, so their power is limited.
    • Constitutions gives the rights of citizens against the state.
      • Most govt from 'stamping on citizens.'countries has a form of Bill of Rights, which is a statement preventing the
    • Constitutions contain rules for its own amendment.
      • UK is unusual in this way, as it changes through parliamentary statute and evolution, and referendums.

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