Understanding Constitutions

Study Notes

A constitution consists of fundamental principles or established precedents.
The purpose is to govern a state or other organization.
These rules, when combined, define the essence of an entity.
A written constitution is when these principles are documented in a single document or set of legal documents.
While some constitutions remain unwritten, most are formally codified as national law.

Establishes basic rights come from defining the limits of state power to secure people's liberty.
Provides stability and predictability in governance and law.
States the guiding principles that underpin the state's operation.
Formally defines the boundaries between the powers of different government branches.
Defines the relationship between the individual and the state.
While not a guarantor of rights, it's a necessary condition for their protection.
Defines a people as a nation which then is the basis for shared citizenship.

Fundamental Principles: Outlines principles and values guiding a nation/organization.
Structure of Government: Establishes the framework for the government, including the executive, legislative, and judicial branches.
Rights and Freedoms: Includes a bill of rights, so it guarantees fundamental rights and freedoms.
Amendment Process: Defines the procedure for changing the constitution to adapt accordingly.
Rule of Law: Upholds the principle that everyone is subject to and accountable under the law.
Written or Unwritten: It may be written in a single document or based on customs and traditions.
Separation of Powers: Divides governmental powers to prevent any one branch from becoming too powerful.
Checks and Balances: Mechanisms to limit the power of other branches of government.
Federalism: Power division between a central government and regional governments/states.
Judicial Review: Judiciary's power to review laws and actions for constitutional compliance.
Supremacy Clause: Establishes the constitution/federal laws as the supreme law of the land.
Popular Sovereignty: Government authority is created and sustained by the people's consent.

Written Constitution: A formal document outlining the fundamental principles and laws.
Unwritten Constitution: Based on customs, traditions, court decisions, and statutes.
Flexible Constitution: Easily amended, often by a simple legislative majority.
Rigid Constitution: Needs a special procedure for amendments, making it harder to change.
Federal Constitution: Divides powers between a central government and regional government.
Unitary Constitution: Concentrates powers in a central government.
Republican Constitution: Power is held by the people through elected representatives.
Monarchical Constitution: Features a monarch as head of state, with constitutional limits.

Drafting/Framing: Written/debated, often by a constitutional convention/assembly.
Ratification: Approved by the people/representatives, often through a referendum/vote.
Interpretation: Interpreted/applied by the courts, particularly the supreme/constitutional courts.
Amendment: Changed/updated through a formal amendment process.
Review: Periodically reviewed/assessed for its impact and continued suitability.

Constitutionalism includes ideas, attitudes, and behaviors.
The authority of government is based on a body of fundamental law.
Constitutionalism relates to democracy and incorporates the rule of law.
Attempts to protect individual rights through limitations on government power.
It emphasizes limited government, the rule of law, and the protection of individual rights.

The body of law interprets and applies the constitution.
It involves court decisions, legal principles, and doctrines.
Defines the relationship between government branches as well as between the government and its citizens.
Deals with issues like fundamental rights, federalism, and the separation of powers.