Constitutional Law 22/09/2026.........................................................................1
Week 2 29/09/2025..........................................................................................8
Week 3 06-10-2025........................................................................................23
Week 4 13/10/2025........................................................................................34
Week 5 constitutional crisis............................................................................48
Week 6 international law................................................................................53
Week 7 international law – not finished..........................................................67
Week 8 international law................................................................................73
Week 9 24/11/2025 international law.............................................................88
Week 10 international law............................................................................104
Week 11 Right to Life..................................................................................119
Week 12.......................................................................................................128
Week 13.......................................................................................................135
Week 14.......................................................................................................139
Week 15.......................................................................................................145
Week 16.......................................................................................................153
Constitutional Law 22/09/2026
Three main areas of law:
Constitutional Law (5 weeks)
International Law
Human Rights Law
The areas are distinct but deeply connected; understanding one reinforces
the others.
🎯 Lesson Objectives
Grasp the basic structure of the module and its objectives.
Understand constitutionalism and its everyday relevance.
Define what a constitution is and recognize its variability across states.
Explore the concept of sovereignty and its link to constitutions and
government.
,Preview the weekly roadmap and the cumulative nature of learning.
🏛️
Constitutionalism
“Constitutionalism is the principle that limits the powers of a ruler to protect
individual rights and prevent arbitrary rule.”
Originated from ancient attempts to curb monarchic authority.
Three historical perspectives:
Regulating the ruler’s actions – early elites demanded shared
decision-making.
Grassroots demand – peasants and commoners sought a voice.
Monarch’s concession – adoption of a constitution to preserve the throne
while limiting power.
📜 What Is a Constitution?
Foundational document of constitutional law.
Serves as the primary legal source for a state’s governance.
Variations worldwide:
Some are written (e.g., U.S. Constitution).
Others are unwritten or partly written (e.g., United Kingdom).
Different states treat the constitution as a supreme law, while others see it as
one of several guiding instruments.
🌐 Sovereignty & the State
Sovereignty: supreme authority of a state to govern itself without external
interference.
Links to constitutional law:
A constitution defines the scope and limits of sovereign power.
Government structures (executive, legislature, judiciary) derive their
legitimacy from the constitution.
⚖️
Separation of Powers
Central objective of constitutionalism: prevent concentration of power.
Horizontal dimension (Week 2): checks and balances among executive,
legislative, and judicial branches.
Vertical dimension (Week 3): distribution of authority between central and
sub-national entities (federal vs. unitary).
🌍 Connection to International Law
,National constitutions form the “basic community” that later creates an
international community.
International law relies on the existence of sovereign states with their own
constitutional frameworks.
📝 Practical Takeaways for Constitutional Lawyers
Identify when a constitutional crisis occurs (e.g., power disputes,
rule-of-law breakdown).
Apply knowledge of constitutional interpretation to advise stakeholders.
Use cumulative insights from weeks 1-4 to propose solutions in week 5.
📖 Key Terms (Quick Reference)
Constitutionalism – Limiting sovereign power to safeguard rights.
Constitution – Foundational legal document defining state structure and
authority.
Sovereignty – Supreme authority of a state over its territory and affairs.
Separation of Powers – Distribution of governmental functions to avoid
concentration.
Constitutional Crisis – Situation where constitutional mechanisms fail to
resolve a power conflict.
Modern Era of Constitutionalism
Goal: Limit the exercise of governmental power by law, not just by a ruler’s
whim.
Key idea: Government is established by law and its powers are regulated by
the same law.
Shift: From rule by birthright to rule determined by rules governing
accession to power.
🏛️
Constitutionalism vs. Constitutional Law
Constitutionalism – the principle of limiting government through a set of
supreme rules.
Constitutional law – the body of laws contained in the constitution that
implements constitutionalism.
📚 Understanding a Constitution
Narrow (Textual) Approach
Views the constitution as a specific document or a small set of documents.
Example: The U.S. Constitution (single written text).
, Broad (Systemic) Approach
Treats the constitution as all rules—written and unwritten—that govern
the acquisition and exercise of power.
Includes de-jure (formal) and de-facto (practical) rules.
Applies to countries with uncodified traditions.
De-jure vs. De-facto Rules
De-jure rules – rules that are formally written into law.
De-facto rules – rules that exist in practice though they may not be written
down.
Countries with Broad (Unwritten) Constitutions
United Kingdom – mixture of statutes, common law, and conventions.
Canada – combines the Constitution Act with unwritten conventions.
Israel relies heavily on basic laws and judicial decisions.
New Zealand operates under a blend of statutes and constitutional
conventions.
Saudi Arabia – includes sharia and traditional practices alongside formal
statutes.
Forms of Constitutions
Form Characteristics Typical
Examples
Codified Single or limited set of documents; United States,
(Written) clear, accessible text. France, India
Uncodified Distributed across statutes, case law, United Kingdom,
(Unwritten) conventions; flexible. Israel
Amendment Mechanisms
Rigidi Process Example
ty
Rigid Requires referendum with participation Italy (constitutional
and approval thresholds; often entrenched reforms)
clauses.
Flexib Can be altered by simple parliamentary United Kingdom
le majority; no special procedures. (parliamentary
sovereignty)
Hybri Combines both: some provisions need Germany (basic law)