While Government needs power to preform functions, History has
shown time and again that power without limits leads to corruption and
Dictatorship
Therefore we need rules to control where power lies and how it is used.
This is where constitutions come in.
They are the Bedrock of Government and are critical in the
understanding of Government.
What are Constitutions
'Constitutions may be seen as rules by which the state is organised and
operates through the formal enshrining of rights, duties, and obligations
that establish or formalise the relationship between the central political
authority and the people'- Isaac 2019
They are essentially a Document that lay out the rules of Government by
organising and limiting its power
They both enable and constrain the Government and serve as the
highest law of the Land.
When do constitutions get written?
Constitutions like Britain have developed over time through the
graduate build-up of statute and common law
Key times where we see new constitutions emerging include:
1. Independence:
Africa in 1950s
Central Asia and Eastern Europe in 1990s after breakup of Soviet Union.
Most recent example is in South Sudan became independent in 2011.
2. Regime Change
Sometimes created following a form of regime change to consolidate the
power of the new regime
Thailand 2014- military took power in a coup and drafted a new
constitution which cemented the power of the junta
3. Wholesale Political change
When a government undergoes a wholesale transformation a
constitution is written up
South Africa 1996 following apartheid
Tunisia 2014 following Arab protests
4. Post-Conflict reconstruction
New constitutions written after conflict and is at the heart of
reconstructing peacebuilding.
, Japan following WWII
Afghanistan in 2001
Key features of constitutions
They vary significant to each other, no one constitution is the same as
another
Two major differences are:
1. Codified vs. Uncodified constitutions
2. Degree of entrenchment#
Codified vs. Uncodified Constitutions
Vast majority of countries have codified constitutions- its set out in a
single self-contained Document
Handful of constitutions have an uncodified constitutions where it is
spread out over numerous Documents and laws
New Zealand, Israel, Canada and Saudi Arabia
The British Constitution
Sometimes said that the UK has an 'unwritten constitution'. Not true , it
draws upon from different sources, some codified others not.
It is the prototype of an uncodified Constitution
It can be found in leading statutes, Judicial decisions, treaties,
conventions, customs and traditions
Examples of statutes that formed it are:
1. Magna carta(1215)
2. Bill of Rights(1689)
3. Acts of Union(1707)
4. Human rights Act(1998)
Examples of conventions customs and traditions are:
1. The Monarch acts on ministerial advice
2. Westminster Parliament will not normally legislate on devolved matters
3. House of lords will normally give a second reading to any government
bill
Pros:
shown time and again that power without limits leads to corruption and
Dictatorship
Therefore we need rules to control where power lies and how it is used.
This is where constitutions come in.
They are the Bedrock of Government and are critical in the
understanding of Government.
What are Constitutions
'Constitutions may be seen as rules by which the state is organised and
operates through the formal enshrining of rights, duties, and obligations
that establish or formalise the relationship between the central political
authority and the people'- Isaac 2019
They are essentially a Document that lay out the rules of Government by
organising and limiting its power
They both enable and constrain the Government and serve as the
highest law of the Land.
When do constitutions get written?
Constitutions like Britain have developed over time through the
graduate build-up of statute and common law
Key times where we see new constitutions emerging include:
1. Independence:
Africa in 1950s
Central Asia and Eastern Europe in 1990s after breakup of Soviet Union.
Most recent example is in South Sudan became independent in 2011.
2. Regime Change
Sometimes created following a form of regime change to consolidate the
power of the new regime
Thailand 2014- military took power in a coup and drafted a new
constitution which cemented the power of the junta
3. Wholesale Political change
When a government undergoes a wholesale transformation a
constitution is written up
South Africa 1996 following apartheid
Tunisia 2014 following Arab protests
4. Post-Conflict reconstruction
New constitutions written after conflict and is at the heart of
reconstructing peacebuilding.
, Japan following WWII
Afghanistan in 2001
Key features of constitutions
They vary significant to each other, no one constitution is the same as
another
Two major differences are:
1. Codified vs. Uncodified constitutions
2. Degree of entrenchment#
Codified vs. Uncodified Constitutions
Vast majority of countries have codified constitutions- its set out in a
single self-contained Document
Handful of constitutions have an uncodified constitutions where it is
spread out over numerous Documents and laws
New Zealand, Israel, Canada and Saudi Arabia
The British Constitution
Sometimes said that the UK has an 'unwritten constitution'. Not true , it
draws upon from different sources, some codified others not.
It is the prototype of an uncodified Constitution
It can be found in leading statutes, Judicial decisions, treaties,
conventions, customs and traditions
Examples of statutes that formed it are:
1. Magna carta(1215)
2. Bill of Rights(1689)
3. Acts of Union(1707)
4. Human rights Act(1998)
Examples of conventions customs and traditions are:
1. The Monarch acts on ministerial advice
2. Westminster Parliament will not normally legislate on devolved matters
3. House of lords will normally give a second reading to any government
bill
Pros:
