Constitutions

Constitutions

Codified
1. within a single document
2. e.g USA, Germany, Ireland
3. Clear + easy to understand
4. provide people of the state something to identify with
5. inflexible therefore strong- principles entrenched
6. Usually have a 2 tier legal system
  1. lower tier- 'ordinary'
  2. upper tier -'constitutional'
    1. entrenched
    2. gives power to supreme court
      1. e.g. USA
Uncodified
1. e.g Britain, New Zealand, Israel
2. some parts are codified
  1. e.g. EU convention + Human rights
3. not entrenched
4. many sources
Entrenchment
1. Prevents constitution from short term amendments
2. France + Ireland need referendums to alter their constitution
3. USA needs 2/3 of both houses of congress and 3/4 of state legislatures to agree
4. Britain has no entrenchment, it can change the constitution through a simple act of parliament
  1. e.g 2011 fixed term parliaments act
  2. However many traditions are important so it would be very difficult to change
Judicial Review
1. interpret real meaning of constitution
  1. with codified they have to refer to text of constitution itself
    1. e.g. USA supreme courts judgement on Brown V Board
  2. in UK this have to interpret against EU conventions on Human rights or statutes or conventions
  3. in UK Parliament can overrule judges decisions
    1. e.g. Belmarsh Case
Arguments not to codify
1. More flexible
  1. needs to evolve over time to adapt to changing circumstances
    1. e.g. right to bear arms- recent school shootings
2. more decisive government
  1. no gridlock like in USA between congress and presidency
    1. e.g. Clinton + Obama healthcare reforms blocked by Republican congress
3. Conservative Pragmatism
  1. it works
Arguments to codify
1. Human rights not entrenched
2. Executive power is too strong
  1. government is merged with parliament and able to dominate it
3. Clearer
  1. they might take more interest in politics
    1. however USA turnouts are lower e.g 41% compare to 65% in elections
4. not modern
  1. makes relations with the EU more difficult
Sources
1. Parliamentary Statutes
  1. e.g freedom of information act 2000
2. conventions
  1. e.g cabinet collective responsibility
3. common law
4. Tradition
  1. e.g queens speech
5. Europe
  1. e.g european convention on human rights
6. Principles
  1. e.g parliamentary sovereigty

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	Created by Katie Mortley about 11 years ago