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The Constitution (What is a constitution? (Body of laws, rules and…
The Constitution
What is a constitution?
Body of laws, rules and practices
Organisation of state and society
Relationship between state and citizens
Establishes main institutions
Determines whether decision - making resides with basic rights
Bill of Rights
Defending against abuse of power
Limited government
Checks and balances
Constitutional
Lawful
Legitimate
Unconstitutional
Codified and Uncodified
Codified
Authoritative document
US
Iconic position
Features
Critical juncture
Independence
1789 US Constitution
Authoritarian
1978 Spanish Constitution
War/Occupation
1949 West Germany's Basic Law
Entrenchment
Super majority
Referendum
Excess of 50% in legislature
Rigid
1958 French Constitution?
17 times in 50 years
US Constitution
17 amendments since 1791
Uncodified
Written in other documents
Magna Carta, 1215
Free and fair trial
Tax limitations
Bill of Rights, 1689
Monarch limitations
Prohibit cruel and unusual punishment
European Communities Acts, 1972
Treaty of Rome
EEC
Amendment by Act of Parliament
Same status as statute law
Limited judicial review