Constitutions
The concern of public law is state power
- The capacity of a state to regulate behaviours & enforce orders within its territory
Big events show that state power has become out of control
- Germany – hitler era
- Russia – Stalin era
Constitution – a body of fundamental principles or established precedents according to
which a state/ organisation is acknowledged to be governed
What a constitution says is one thing, what actually happens in practice is quite another
The extent to which the constitution is adhered to is determined by the ones in power &
their attitude towards it
Purposes of a constitution
- Establishes the institutions of the state & provides them with sufficient powers so
that they can carry out their duties
o Home office, police
- Puts checks & balances in place to limit power abuse & to provide mechanisms to
uncover & restrain/ punish abuse
o If the government acts beyond its powers those affected can obtain remedies
from the courts
- Provides legitimacy for the uses of power which would otherwise be considered as
acts of naked aggression
o Were it not for certain laws, the government deducting tax from individuals/
companies would be considered to be theft
- Provides a certain degree of flexibility to allow the state to evolve as it will over time
Functions of a constitution
- Choosing & removing of rulers
o Elections
- Structuring the relationships between the different branches of government
- Dividing up of governmental power geographically
- Maintaining a relationship between the state & bodies existing outside the state
o Relationship between uk & EU
- Accountability of government politically & legally
- The rights of citizens in relation to government & the obligations of government to
citizens
- Emergency power
- Procedures for the amendment of the constitution
Constitutional values
- Legal certainty
o Knowing what’s going to happen based off a set of predictions
- Equality before the law
o We’re all treated the same way by the law
o The court isn’t swayed by personal qualities
- Personal liberty
- Due process of the law
o The right to a fair procedure in courts
- Legitimacy
o The acceptability of the rules that govern our behaviour
The concern of public law is state power
- The capacity of a state to regulate behaviours & enforce orders within its territory
Big events show that state power has become out of control
- Germany – hitler era
- Russia – Stalin era
Constitution – a body of fundamental principles or established precedents according to
which a state/ organisation is acknowledged to be governed
What a constitution says is one thing, what actually happens in practice is quite another
The extent to which the constitution is adhered to is determined by the ones in power &
their attitude towards it
Purposes of a constitution
- Establishes the institutions of the state & provides them with sufficient powers so
that they can carry out their duties
o Home office, police
- Puts checks & balances in place to limit power abuse & to provide mechanisms to
uncover & restrain/ punish abuse
o If the government acts beyond its powers those affected can obtain remedies
from the courts
- Provides legitimacy for the uses of power which would otherwise be considered as
acts of naked aggression
o Were it not for certain laws, the government deducting tax from individuals/
companies would be considered to be theft
- Provides a certain degree of flexibility to allow the state to evolve as it will over time
Functions of a constitution
- Choosing & removing of rulers
o Elections
- Structuring the relationships between the different branches of government
- Dividing up of governmental power geographically
- Maintaining a relationship between the state & bodies existing outside the state
o Relationship between uk & EU
- Accountability of government politically & legally
- The rights of citizens in relation to government & the obligations of government to
citizens
- Emergency power
- Procedures for the amendment of the constitution
Constitutional values
- Legal certainty
o Knowing what’s going to happen based off a set of predictions
- Equality before the law
o We’re all treated the same way by the law
o The court isn’t swayed by personal qualities
- Personal liberty
- Due process of the law
o The right to a fair procedure in courts
- Legitimacy
o The acceptability of the rules that govern our behaviour
