Chapter 13: Constitutions, Law, and Judges
Preview
Historical Shift: From the lack of interest in constitutions to a
central role since the 1970s. Emergence of new constitutions and calls
for reform mirror significant political conflict. Debate and
Implications: The nature and political significance of constitutions
remain hotly debated. Constitutional changes significantly impact
legal systems and the role of judges. Key Issues:
• Nature and Purpose of Constitutions
• Constitutions' Impact on Political Practice
• Relationship between Law and Politics
• Political Significance of Courts
• Judges' Involvement in Politics
Constitutions
Constitutions: Nature and Origins
• Traditional Views:
• Often seen as defining government and a foundation of
liberal democracy.
• Inaccuracies and illiberal aspects challenge these
traditional views.
• Objective of Constitutions:
• Aims to establish meta-rules that govern the political
system.
• Intends to bring stability and predictability to government
actions.
• Concept: Constitution
• Definition:
• A set of rules (both written and unwritten) defining
government institutions, their powers, and the state-
individual relationship.
• Ancient Lineage:
, • Historical roots in codes based on higher moral
principles.
Historical Evolution and Contemporary Significance
• Eighteenth-Century Creation:
• Initiated by the enactment of the US Constitution and the
French Declaration of the Rights of Man.
• Reflects upheavals leading to the establishment of new
political orders.
• Growing Disenchantment:
• New adoptions and calls for constitutional reforms reflect
disillusionment with existing political systems.
• Constitutional changes signify a reapportionment of power
and political authority.
Classification of Constitutions
Written and Unwritten Constitutions
• Shift in Classification:
• Majority possess written documents laying down major
constitutional provisions.
• Every constitution combines written and unwritten rules,
with varying emphasis.
Codified and Uncodified Constitutions
• Significance of Codification:
• Codified constitutions establish higher law and a hierarchy
of laws.
• Ensures certain provisions are entrenched and justiciable.
Rigidity and Flexibility
• Complex Relationship:
• Written constitutions can adapt through judicial
interpretation.
• Unwritten constitutions may have rigid elements entrenched
in political culture.
Preview
Historical Shift: From the lack of interest in constitutions to a
central role since the 1970s. Emergence of new constitutions and calls
for reform mirror significant political conflict. Debate and
Implications: The nature and political significance of constitutions
remain hotly debated. Constitutional changes significantly impact
legal systems and the role of judges. Key Issues:
• Nature and Purpose of Constitutions
• Constitutions' Impact on Political Practice
• Relationship between Law and Politics
• Political Significance of Courts
• Judges' Involvement in Politics
Constitutions
Constitutions: Nature and Origins
• Traditional Views:
• Often seen as defining government and a foundation of
liberal democracy.
• Inaccuracies and illiberal aspects challenge these
traditional views.
• Objective of Constitutions:
• Aims to establish meta-rules that govern the political
system.
• Intends to bring stability and predictability to government
actions.
• Concept: Constitution
• Definition:
• A set of rules (both written and unwritten) defining
government institutions, their powers, and the state-
individual relationship.
• Ancient Lineage:
, • Historical roots in codes based on higher moral
principles.
Historical Evolution and Contemporary Significance
• Eighteenth-Century Creation:
• Initiated by the enactment of the US Constitution and the
French Declaration of the Rights of Man.
• Reflects upheavals leading to the establishment of new
political orders.
• Growing Disenchantment:
• New adoptions and calls for constitutional reforms reflect
disillusionment with existing political systems.
• Constitutional changes signify a reapportionment of power
and political authority.
Classification of Constitutions
Written and Unwritten Constitutions
• Shift in Classification:
• Majority possess written documents laying down major
constitutional provisions.
• Every constitution combines written and unwritten rules,
with varying emphasis.
Codified and Uncodified Constitutions
• Significance of Codification:
• Codified constitutions establish higher law and a hierarchy
of laws.
• Ensures certain provisions are entrenched and justiciable.
Rigidity and Flexibility
• Complex Relationship:
• Written constitutions can adapt through judicial
interpretation.
• Unwritten constitutions may have rigid elements entrenched
in political culture.
