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13 Cards in this Set
- Front
- Back
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constitution
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aim to lay down a framework in which the government and political activity are conducted.
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classification criteria of constitutions
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- form and status - ease of amendement - degree of practical observation - content and institutional structure - written( in laws) or unwritten(in customs and tradition) |
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codified constitution
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- key constitutional are collected in a signle document - considers the 'highest' law of the state, astanding above laws made by national legislature - deifficult, at least in part, to be modified or abolished. |
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uncodified costitution
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this draws on various sources. the legislature enjoys unchallencheable authority
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2 criteria of effective constitution
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1. the affairs of government correspond to the constitution 2. the constitution has the capacity to limit government behaviour. |
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criteria in terms of content and institutional structure of constitutions |
- monarchical/republican - unitary/federal - parliamentary/presidential - pluralist/monopolistic |
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purposes of constitutions
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- empowering states; marks the existence of states and defines their sphere of authority -establishing values/goals; they embody a broad set of political values, ideas and goals - providing government stability; they formalize and regulate relationships between political bodies - protecting freedom; constitution define civil lights and liberties -legitimizing regimes; the existence of a contitution is a prerequisite for membership of the ijnternational community. can also be used to build legitimacy within a regime. |
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when do constitutions matter
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- when the ruler has respect for and the accordance to a constitution - serves its purpose when they are supported by other cultural, political, economic and social conditions -when it is able to adapt to changing political circumstances. |
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law and morality
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- traditionally said that law must be rooted in morality - Hart made a distinction between primary rules that regulates society and secondary rules conferring power on institutions of government. |
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liberal theory on law
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law is there to protect the individual from its fellow members of society. liberals insist on the strict separation of law from politics
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The judiciary
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strictly independent and nonpolitical in nature. however judgements have undiniable political implication
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are Judges political?
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yes in 2 ways: 1. external bias is derived from the influence that certain political bodies hold over the judiciary 2. internal bias may emerge from the process of recruitement and more improtantly from the question: who is recruited |
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dp judges make policy?
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judges impose meaning to law through the process of construction. the range od their discretion in this repsect may vary. the clarity and detail of the particular law and the ecistence of a codiefies constitution are crucial in determining this.
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