HSR 150 Introduction to Government Policy and Urban Studies Lecture 5 PDF

HSR 150- Introduction to Government Policy and Urban Studies The Constitution Lecture 5  The Constitution A constitution is a set of fundamental principles or established precedents that constitute the legal basis of a political entity, such as...

HSR 150- Introduction to Government Policy and Urban Studies The Constitution Lecture 5  The Constitution A constitution is a set of fundamental principles or established precedents that constitute the legal basis of a political entity, such as a state or organization. It outlines the structure, powers, and duties of government institutions, and the rights and responsibilities of citizens. Constitutions serve as the supreme law that governs how the government operates, typically dividing power between different branches (executive, legislative, judicial) and specifying procedures for making and enforcing laws.  The Constitution In modern states, constitutions often include: Preamble: An introduction stating the purpose and guiding principles. Articles or Sections: Detailed provisions outlining the powers of government branches, the rights of citizens, and sometimes the procedure for amending the constitution. Bill of Rights (in some cases): A section dedicated to protecting individual liberties and rights. Why do we need a constitution? Establishing the Structure of Government A constitution outlines the roles and responsibilities of the different branches of government (executive, legislative, and judicial) and how they interact. This prevents confusion and conflicts about who holds power and how it should be exercised. Protecting Individual Rights and Liberties It ensures that all citizens are treated equally under the law, providing safeguards against discrimination and arbitrary actions by the government. Rule of Law It provides a stable and predictable legal framework, allowing people to understand their rights and obligations and making the legal system more transparent and just. Why do we need a constitution? Limiting Government Power Through mechanisms like federalism, a constitution can divide power between national and regional governments, ensuring decentralization and preventing over- centralization of authority. Legitimizing Government Authority A constitution gives legitimacy to government actions by deriving power from the people or a higher legal authority (such as a constitutional assembly or referendum). Protecting Minority Rights In federal or diverse societies, constitutions may grant autonomy or special protections to regional, ethnic, or linguistic groups to preserve their identity. Why do we need a constitution? Resolving Conflicts A constitution provides a legal basis for resolving conflicts, whether between individuals, institutions, or different levels of government. Defining National Identity and Values A constitution reflects the core values, principles, and identity of a nation. Guiding Political and Legal Evolution Constitutions are often designed to be amended or interpreted to reflect changing societal values or challenges.  The Constitution The executive, legislative, and judicial branches are the three main branches of government. They function independently but are designed to provide a system of checks and balances to ensure that no single branch has excessive power. Executive Branch Role: The executive is responsible for enforcing and implementing laws. Key figures: This branch is typically headed by a president, prime minister, or monarch, depending on the country's system. It may also include ministers, government departments, or agencies. Functions: Enforcing laws passed by the legislature. Administering public policies. Managing national defense and foreign affairs. Overseeing government bureaucracy and day- to-day administration.  The Constitution Legislative Branch Role: The legislative branch is responsible for creating, debating, and passing laws. Key figures: This body may consist of a parliament, congress, or assembly, often divided into two houses (bicameral) like the Senate and House of Representatives, or a single house (unicameral). Functions: Drafting, debating, and voting on proposed laws. Controlling government spending (budget approval). Approving treaties or appointments in some systems. Representing the interests of the people and their regions.  The Constitution Judicial Branch Role: The judicial branch interprets the law, ensures laws are consistent with the constitution, and resolves disputes. Key figures: It consists of a system of courts, including Supreme Courts, appellate courts, and lower courts. Judges and justices are the main actors here. Functions: Interpreting and applying laws in specific cases. Reviewing the constitutionality of laws or executive actions (in systems with judicial review).Resolving disputes between individuals, organizations, and the government. Protecting the rights and liberties of citizens.  Types of constitutions Written vs. Unwritten Constitution Written Constitution: This type of constitution is codified in a single document or a series of legal texts. It clearly outlines the fundamental laws and principles of the state. Example: The United States Constitution. Unwritten Constitution: It is based on customs, conventions, judicial decisions, and statutes rather than a single written document. Example: The United Kingdom.  Types of constitutions Rigid vs. Flexible Constitution Rigid Constitution: A constitution that is difficult to amend or change. Specific procedures, such as a supermajority vote or a national referendum, are required for amendments. Example: The U.S. Constitution, which requires a two-thirds majority in Congress and ratification by three-fourths of the states to be amended. Flexible Constitution: A constitution that can be amended or changed relatively easily, often by a simple majority in the legislature. Example: The UK’s unwritten constitution, which can be modified by passing regular laws.  Types of constitutions Unitary vs. Federal Constitution Unitary Constitution: Power is centralized in a single national government, with little autonomy granted to regional governments. Example: France. Federal Constitution: Power is divided between a central (national) government and various regional governments (states, provinces), each with its own autonomy in certain areas. Example: The United States,  Types of constitutions Monarchical vs. Republican Constitution Monarchical Constitution: The head of state is a monarch, who may hold varying degrees of power depending on whether the monarchy is absolute or constitutional. Example: Saudi Arabia (absolute monarchy), United Kingdom (constitutional monarchy). Republican Constitution: The head of state is an elected official, usually a president, and the political system is based on principles of representation and popular sovereignty. Example: France.  Types of constitutions Democratic vs. Autocratic Constitution Democratic Constitution: Emphasizes the protection of individual rights and liberties, popular sovereignty, and regular elections. Example: Most Western democracies, like the United States or Germany. Autocratic Constitution: Concentrates power in the hands of a single ruler or ruling party, with little regard for popular  Entrenchment Entrenchment in the context of a constitution refers to the idea that certain provisions or laws are protected from easy amendment or repeal. These entrenched provisions are made more difficult to change than ordinary laws, often requiring special procedures, such as a supermajority vote or a national referendum, to modify. The goal of entrenchment is to ensure stability, protect fundamental rights, or preserve the core principles of a constitution from being altered by temporary political majorities.  Entrenchment Key Aspects of Entrenchment in Constitutions: Rigid Constitutions: Entrenchment is more common in rigid constitutions, where amendments require a more stringent process than passing regular legislation. For example, in the U.S. Constitution, amending the constitution requires a two- thirds majority in both houses of Congress and ratification by three-fourths of the states. Protected Clauses: Some constitutions include entrenched clauses (also called eternity clauses) that explicitly cannot be amended. These are often related to the fundamental principles of a state, such as the democratic nature of the government or the protection of certain human rights. Example: In Germany’s Basic Law (Grundgesetz), the principles of human dignity and democracy are entrenched and cannot be altered.  Entrenchment Entrenchment and Amendments: Entrenchment creates a higher legal threshold for amendments. This ensures that core aspects of the constitution remain consistent over time, even if there is political pressure for change. This contrasts with flexible constitutions, which can be amended more easily through regular legislative processes. Purpose of Entrenchment: Stability: Entrenchment ensures that core aspects of a political or legal system remain stable and are not subject to frequent change based on short-term political trends. Protection of Fundamental Rights: Entrenched provisions often safeguard human rights and civil liberties, ensuring that they cannot be easily eroded by future governments. Preservation of Core Values: Entrenchment can preserve the fundamental identity of a nation, such as the commitment to democracy, federalism, or the rule of law.  The UAE Constitution Formation and Adoption The Provisional Constitution of the UAE was adopted on 2December 1971 when the seven emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Fujairah, Umm Al Quwain, and later Ras Al Khaimah in 1972) united to form a federation. In 1996, the constitution was made permanent, solidifying the framework of governance for the nation. Federal Structure The UAE is a federal state composed of seven emirates, each with considerable autonomy in governing its internal affairs; however, the constitution establishes a central federal government that manages national matters like foreign policy, defense, and fiscal policy. Each emirate has its local government, and the rulers of these emirates form the Federal Supreme Council, the highest legislative and executive authority in the country.  The UAE Constitution The constitution outlines the main institutions of the federal government, including: Federal Supreme Council: Composed of the rulers of the seven emirates, this body is the highest authority in the UAE. It elects the President and Vice President from among its members and makes key decisions regarding national policy. President: The head of state and the supreme leader of the UAE. The President is elected by the Federal Supreme Council and serves a renewable five-year term. Traditionally, the ruler of Abu Dhabi has held this position. Vice President: Assists the President and can act in their place. Traditionally, the ruler of Dubai holds this position. Council of Ministers (Cabinet): The federal executive body headed by the Prime Minister. It is responsible for implementing laws and managing the federal administration. The Prime Minister is appointed by the President and is traditionally the ruler of Dubai. Federal National Council (FNC): The FNC is a partially elected advisory council that reviews and debates legislation proposed by the Council of Ministers. It has 40 members, half of whom are elected, with the other half appointed by the rulers of the emirates. The FNC provides recommendations but cannot pass laws. Federal Judiciary: The UAE constitution establishes a federal judicial system responsible for interpreting and applying federal laws. It includes the Federal Supreme Court, which has jurisdiction over disputes between the emirates or between federal and local governments, as well as other judicial matters.  The UAE Constitution Separation of Powers The constitution establishes a system of separation of powers between the executive, legislative, and judicial branches of government; however, the UAE's system grants significant authority to the rulers of the emirates and the Federal Supreme Council, giving them a central role in decision-making. Islamic and Traditional Values The constitution establishes Islam as the official religion of the UAE, and Sharia law is a key source of legislation; however, the legal system is a combination of civil, Sharia, and customary laws. Arabic is the official language of the country.  The UAE Constitution The constitution of the UAE guarantees a range of fundamental rights and freedoms for its citizens, including: Equality before the law. The right to personal freedom and security. The right to freedom of expression, freedom of assembly, and freedom of religion, provided it is consistent with public policy and morals. Freedom of movement and residence within the federation Protection of private property. Right to education and healthcare. Protection of the family as the foundation of society; however, some rights and freedoms are subject to restrictions based on national security, public order, and Islamic values.  The UAE Constitution Foreign Affairs and Defense The constitution grants the federal government responsibility for foreign policy, national defense, public security, and other key areas. The Federal Supreme Council plays a leading role in determining foreign policy, and the armed forces are under the control of the federal government. Amendment Process The constitution can be amended by the Federal Supreme Council, provided amendments are consistent with the basic principles of the federation. Amendments require the approval of the rulers of the seven emirates.  The UAE Constitution Citizenship The constitution outlines the basic rules for citizenship and the rights of citizens. UAE citizenship is largely determined by birth or descent, and the process for granting citizenship to non-nationals is strictly regulated. Economic System The constitution supports a free-market economy, promoting individual enterprise and property rights while allowing the government to regulate certain sectors in the interest of public welfare. It provides for the regulation of fiscal policies, including the federal budget, but also allows individual emirates, particularly Abu Dhabi and Dubai, to maintain control over their vast resources (such as oil revenues).  The UAE Constitution Emirates’ Autonomy While the constitution establishes a federal government, the emirates retain significant autonomy, particularly in areas such as natural resources, local governance, and internal security. For example, Abu Dhabi controls its oil wealth, and Dubai has its own economic and legal systems that differ from federal regulations. Emphasis on Unity The UAE constitution stresses the importance of unity and cooperation among the seven emirates. It was created to foster collaboration while respecting the independence and individual characteristics of each emirate. Emergency Provisions The constitution provides for the declaration of a state of emergency or martial law when national security is threatened. These measures are subject to approval by the Federal Supreme Council and must be consistent with constitutional principles.