Constitutions

Constitutions

1. Codified

   • within a single document
   • e.g USA, Germany, Ireland
   • Clear + easy to understand
   • provide people of the state something to identify with
   • inflexible therefore strong- principles entrenched
   • Usually have a 2 tier legal system
     • lower tier- 'ordinary'
     • upper tier -'constitutional'
       • entrenched
       • gives power to supreme court
         • e.g. USA

2. Uncodified

   • e.g Britain, New Zealand, Israel
   • some parts are codified
     • e.g. EU convention + Human rights
   • not entrenched
   • many sources

3. Entrenchment

   • Prevents constitution from short term amendments
   • France + Ireland need referendums to alter their constitution
   • USA needs 2/3 of both houses of congress and 3/4 of state legislatures to agree
   • Britain has no entrenchment, it can change the constitution through a simple act of parliament
     • e.g 2011 fixed term parliaments act
     • However many traditions are important so it would be very difficult to change

4. Judicial Review

   • interpret real meaning of constitution
     • with codified they have to refer to text of constitution itself
       • e.g. USA supreme courts judgement on Brown V Board
     • in UK this have to interpret against EU conventions on Human rights or statutes or conventions
     • in UK Parliament can overrule judges decisions
       • e.g. Belmarsh Case

5. Arguments not to codify

   • More flexible
     • needs to evolve over time to adapt to changing circumstances
       • e.g. right to bear arms- recent school shootings
   • more decisive government
     • no gridlock like in USA between congress and presidency
       • e.g. Clinton + Obama healthcare reforms blocked by Republican congress
   • Conservative Pragmatism
     • it works

6. Arguments to codify

   • Human rights not entrenched
   • Executive power is too strong
     • government is merged with parliament and able to dominate it
   • Clearer
     • they might take more interest in politics
       • however USA turnouts are lower e.g 41% compare to 65% in elections
   • not modern
     • makes relations with the EU more difficult

7. Sources

   • Parliamentary Statutes
     • e.g freedom of information act 2000
   • conventions
     • e.g cabinet collective responsibility
   • common law
   • Tradition
     • e.g queens speech
   • Europe
     • e.g european convention on human rights
   • Principles
     • e.g parliamentary sovereigty