49071
Description
Mind Map by Katie Mortley, updated more than 1 year ago
|
Created by Katie Mortley
over 13 years ago
|
|
Constitutions
- 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
- e.g. USA
- entrenched
- lower tier- 'ordinary'
- within a single document
- Uncodified
- e.g Britain, New Zealand, Israel
- some parts are codified
- e.g. EU convention + Human rights
- e.g. EU convention + Human rights
- not entrenched
- many sources
- e.g Britain, New Zealand, Israel
- 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
- e.g 2011 fixed term parliaments act
- Prevents constitution from short term amendments
- 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
- 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
- e.g. Belmarsh Case
- with codified they have to refer to text of constitution itself
- interpret real meaning of constitution
- 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
- e.g. right to bear arms- recent school
shootings
- needs to evolve over time to adapt to changing circumstances
- more decisive government
- no gridlock like in USA between congress
and presidency
- e.g. Clinton + Obama healthcare
reforms blocked by Republican
congress
- e.g. Clinton + Obama healthcare
reforms blocked by Republican
congress
- no gridlock like in USA between congress
and presidency
- Conservative Pragmatism
- it works
- it works
- More flexible
- Arguments to codify
- Human rights not entrenched
- Executive power is too strong
- government is merged with
parliament and able to
dominate it
- 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
- however USA turnouts
are lower e.g 41%
compare to 65% in
elections
- they might take more interest in
politics
- not modern
- makes relations with the EU more difficult
- makes relations with the EU more difficult
- Human rights not entrenched
- Sources
- Parliamentary
Statutes
- e.g freedom of information act 2000
- e.g freedom of information act 2000
- conventions
- e.g cabinet collective responsibility
- e.g cabinet collective responsibility
- common law
- Tradition
- e.g queens speech
- e.g queens speech
- Europe
- e.g european convention on human rights
- e.g european convention on human rights
- Principles
- e.g parliamentary sovereigty
- e.g parliamentary sovereigty
- Parliamentary
Statutes
Want to create your own Mind Maps for free with GoConqr? Learn more.