Constitutional Law Basics: Scope and Sources

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What is the scope of Constitutional Law?

Constitutional Law is concerned with the role and powers of the institutions within the state and with the relationship between the citizen and the state.

According to Hilaire Barnett, how can Constitutional Law be described?

It may be described as the study of the constitution.

How is Constitutional Law defined in Halsbury's Law of England?

Part of the law that relates to the system of government of a country.

What is the major focus of Constitutional Law?

The functioning of the legal system. Signup and view all the answers

What is administrative law concerned with?

The organization, powers, and duties of administrative bodies Signup and view all the answers

What does Constitutional Law determine?

It determines the functions of the principal organs of government and the relationship between the citizen and the state. Signup and view all the answers

Is there a hard definition of Constitutional Law?

No, there is no hard definition of constitutional law. Signup and view all the answers

What is the main focus of public international law?

State-to-state relations Signup and view all the answers

What is the Monism approach to treaties?

Views national and international law as one legal system Signup and view all the answers

What is the Dualism approach to treaties?

International law and national law are separate legal systems Signup and view all the answers

How can international laws be incorporated into municipal law in Dualism?

By State actors such as Parliament or the judiciary Signup and view all the answers

What are the key values of Constitutional Law Liberalism?

Individualism, rights, freedoms, democracy, limited government power Signup and view all the answers

How does Constitutional Law Liberalism view individual interests?

As more important than collective interests of the community Signup and view all the answers

What is the main focus of Republicanism?

Social nature, political involvement, equal citizenship Signup and view all the answers

What is the common aspect between Republicanism and Liberalism?

Emphasis on democracy and political equality Signup and view all the answers

What does Communitarianism emphasize?

Interdependence of individuals Signup and view all the answers

What is the relationship between Constitutional Law and Administrative Law?

Constitutional Law governs the organization of administrative bodies and tribunals Signup and view all the answers

What does Constitutional Law primarily deal with?

Constitutional Law primarily deals with the establishment of the entities of the state, powers and duties of these entities, structure and composition of the entities of the state, choosing and removing of rulers, relationship between different branches of government, relationship between the state and external bodies, accountability of government, and the rights and duties of citizens in relation to government. Signup and view all the answers

What are the sources of Constitutional Law in Ghana?

The sources of Constitutional Law in Ghana include rules of law (Constitution, Legislation, Judicial Precedence, Custom), conventional rules, and advisory opinions. Signup and view all the answers

What are some examples of rules of law as sources of Constitutional Law?

Examples of rules of law include the 1992 Constitution, Legislation (Acts of Parliament), Judicial Precedence, and Custom. Signup and view all the answers

What are conventional rules in the context of Constitutional Law?

Conventional rules are rules that do not have the force of law but are sanctioned by public opinion or strong precedent. They can include practices like appointing a Chief Justice outside the Supreme Court. Signup and view all the answers

What role do advisory opinions play in Constitutional Law?

Advisory opinions, such as books, provide guidance and insights that contribute to the development and interpretation of Constitutional Law. Signup and view all the answers

How do rules of law differ from conventional rules?

Rules of law have the force of law and are recognized by the courts, while conventional rules do not have the force of law but are sanctioned by public opinion or strong precedent. Signup and view all the answers