Constitution
A set of fundamental rules of how the country is to be governed
Define the relationship between the state and the individual
Establish the duties, powers and functions of institutions
Regulate the relationships between and among the institutions
Division of govt activities
define the extent of civil liberty and limitations of the power of govt
Provides legitimacy to those in power, encourage govt stability though clear
rules and set out goals and values of a state
Normally happens after an upheaval
Types of Constitution
Codified and uncodified constitution:
no constitution is entirely written,
- no written documents can define all aspects of constitutional practice
no constitution is entirely unwritten
- UK statute law is the most significant source
o Codified Constitution:
The document is authoritative
- Binds all political institutions
- Two-tier legal system
- Constitution stands above statute law
Entrenched
- difficult to amend
- more complex procedure than making ordinary
Judiciable
- subject to the authority of the courts
- especially constitutional court
o Uncodified constitution:
Not authoritative
- same status as ordinary law
- single-tier legal system with no form of higher law
Not entrenched
- constitution can be changed through normal processes for enacting
statute law
- UK Parliamentary Sovereignty
Not judiciable
- judges do not have legal standard against which they can declare the
actions of public bodies ‘constitutional’.
A set of fundamental rules of how the country is to be governed
Define the relationship between the state and the individual
Establish the duties, powers and functions of institutions
Regulate the relationships between and among the institutions
Division of govt activities
define the extent of civil liberty and limitations of the power of govt
Provides legitimacy to those in power, encourage govt stability though clear
rules and set out goals and values of a state
Normally happens after an upheaval
Types of Constitution
Codified and uncodified constitution:
no constitution is entirely written,
- no written documents can define all aspects of constitutional practice
no constitution is entirely unwritten
- UK statute law is the most significant source
o Codified Constitution:
The document is authoritative
- Binds all political institutions
- Two-tier legal system
- Constitution stands above statute law
Entrenched
- difficult to amend
- more complex procedure than making ordinary
Judiciable
- subject to the authority of the courts
- especially constitutional court
o Uncodified constitution:
Not authoritative
- same status as ordinary law
- single-tier legal system with no form of higher law
Not entrenched
- constitution can be changed through normal processes for enacting
statute law
- UK Parliamentary Sovereignty
Not judiciable
- judges do not have legal standard against which they can declare the
actions of public bodies ‘constitutional’.
