Types of Constitutions

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Questions and Answers

What is a key characteristic of a voted constitution?

  • It is drafted by a monarch.
  • It is directly voted on by the people. (correct)
  • It is imposed by an international body.
  • It is written by legislative authorities only.

The Spanish constitution of 1978 was created without any public involvement.

False (B)

What is the term for a constitution granted by a monarch?

Octroyée constitution

The Moroccan Constitution of 2011 was established following _____ that demanded democratic reforms.

<p>protests</p> Signup and view all the answers

What has been a challenge faced by the Constitutional Convention in Chile?

<p>Producing a document that satisfies a majority of the public. (B)</p> Signup and view all the answers

Iceland's new constitution was passed successfully without any public votes.

<p>False (B)</p> Signup and view all the answers

Match the constitution type with its description:

<p>Voted Constitution = Drafted and voted for by the public Octroyée Constitution = Granted by a monarch Imposed Constitution = Enforced by external authorities</p> Signup and view all the answers

The Spanish constitution was sanctioned by _____, symbolizing a crucial shift in the country’s governance.

<p>King Juan Carlos I</p> Signup and view all the answers

What prompted the international community to impose constitutions?

<p>Significant conflicts or violence (D)</p> Signup and view all the answers

Internationally imposed constitutions generally support a nation's autonomy and popular sovereignty.

<p>False (B)</p> Signup and view all the answers

Who was responsible for producing the new Japanese constitution in 1947?

<p>General Douglas MacArthur</p> Signup and view all the answers

The constitution of Bosnia and Herzegovina was established during the ______ Agreement.

<p>Dayton</p> Signup and view all the answers

Which element is a characteristic of constitutional ratification?

<p>Compromise (D)</p> Signup and view all the answers

Match the following events with their respective outcomes:

<p>Japan's surrender post-WWII = Imposition of a new constitution Dayton Agreement = Formation of Bosnia and Herzegovina's constitution Public disconnection = Degradation of national sovereignty MacArthur's control = Overriding authorship of the constitution</p> Signup and view all the answers

MacArthur did not seek to impose a political system on Japan unilaterally.

<p>True (A)</p> Signup and view all the answers

What can be a potential issue with internationally imposed constitutions?

<p>Threat to stability of the constitution and the country</p> Signup and view all the answers

Flashcards

Voted Constitution

A type of constitution where the people directly vote on the proposed document, often through a referendum.

Constituent Assembly or Convention

A constitution drafted and proposed by a group of representatives, like a constitutional convention, and then put to a vote by the people.

Octroyée Constitution

A constitution granted by a monarch, often as a transition from an absolute to a more liberal state.

Internationally Imposed Constitution

A constitution imposed on a country by an external force, such as a victorious power after a war.

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Icelandic Constitution (2011)

A constitution that was approved in a referendum but has yet to be fully implemented due to political challenges and delays.

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Spanish Constitution (1978)

A constitution created through negotiation and compromise among various political parties, signifying a transition to democracy.

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Constitutional Convention

The process of drafting and approving a new constitution, often through a series of steps like writing, revising, and voting.

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Challenges of a Voted Constitution

The challenge of balancing inclusiveness, effectiveness, and coherence when drafting a constitution.

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Constitutional Ratification

The process of formally approving a constitution.

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Ratification by Convention

A type of ratification where the constitution is approved by a gathering of delegates representing the people.

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Ratification by Referendum

A type of ratification where the constitution is approved by the people through a vote.

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Ratification by Monarch

A type of ratification where the constitution is approved by a monarch or other supreme authority.

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Translation of a Constitution

The process of translating a constitution from one language to another, which can lead to inaccuracies and misunderstandings.

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Popular Sovereignty

The level of autonomy and control a nation has over its own affairs.

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Degradation

The act of reducing someone or something to a lower position or status.

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Study Notes

Types of Constitutions

  • Voted Constitutions: Drafted and voted on by a constituent assembly, convention, or directly by the people.
    • Example: Spanish Constitution of 1978, resulting from a referendum after dictator Franco's death, representing a compromise among major parties and ratified by the King.
    • Challenges: Balancing inclusivity, effectiveness, and coherence across articles.
    • Example Failures: Iceland's 2011 constitution, despite approval in a referendum, faced political ineffectiveness; Chile's ongoing attempts to ratify a new constitution, where the convention hasn't produced a document acceptable to a majority.

Octroyée Constitutions

  • Granted by a monarch, often marking a transition from absolute to liberal states.
    • Example: Moroccan Constitution of 2011, granted by the King after democratic reform protests, signifying a constitutional monarchy that won overwhelming support in a referendum.

Internationally Imposed Constitutions

  • Imposed by the international community, typically after major conflicts, or when independent drafting is deemed unsuitable.
    • Example: Japanese Constitution of 1947, imposed by General MacArthur after WWII, leading to contentious negotiations regarding Japanese values and sovereignty.
    • Example: Bosnia and Herzegovina's constitution (1995), an annex of the Dayton Agreement, imposed by international powers resulting in a lack of connection with the nation’s values.
    • Shortcomings: These constitutions often disregard national autonomy and popular sovereignty, potentially threatening stability.

Common Themes

  • Compromise: All three forms of constitutional formation require compromise; successful constitutions arise from negotiation.
  • Success and Failure: Successes and failures are seen across all three methods of constitutional enactment, demonstrating the complexity of constitution-building.

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