The Oxford Handbook of Comparative Constitutional Law
- what is a constitution?
- structure of commonwealth constitutions
- westminster model
- independence
- elements of constitutional supremacy (supreme law clause, limits on parliamentary sovereignty, judicial review and redress clause, entrenchment and constitutional amendments)
- savings law cl...
Constitutional Law Constitutional Supremacy
What is a Constitution?
• a plan for the founding/ordering of a political society
• its the fundamental law reached between the representatives of various shades of
political opinion in the state as to the structure of the organs of govt through which
sovereign power of the state is to be exercised
• its an act of collective self definition which is the vision of the people’s future and
moral aspirations for political life
• what the constitution does:
• establishes the institutions of govt
• clarifies where sovereignty lies
• balances the rights of persons and interests of the majority
• articulates core values and commitments
• identifies the territory and who belongs
• defines the structure of govt
Structure of Commonwealth Caribbean Constitutions
1. ‘we the people’ authorship
2. preamble
• moral aspirations for public life
• often includes an affirmation of the principle of the rule of law
• note JA does not have one
3. supreme law clause
• denotes the supremacy of the constitution
4. bill of rights
• general guarantee of rights
• enumeration of special rights
• i.e. right to life, personal liberty, freedom of expression, protection from
discrim/slavery/inhuman treatment
• most of these rights are civil/political
• econ/social rights are week under our constitution
• redress clause
• savings law clauses
• provisions for periods during emergency
5. chapters for the executive, legislature, and judiciary (SOP)
6. machinery relating to change (entrenchment)
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