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Mind map

Constitutions

Katie Mortley Politics English 5.0Average rating 5.0 out of 5 (1 rating)

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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

Information

Description
Politics (Mr Edmunds) Mind Map on Constitutions, created by Katie Mortley on 17/04/2013.
Created by
Katie Mortley
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Average rating 5.0 out of 5 (1 rating)

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