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Constitutional Law Notes and Topics on Const Law

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Old Wednesday, May 16, 2007
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Default What is a Constitution?

What is a Constitution?

“ Formally, a Constitution is a broad set of rules and principles by which a state is governed”

People compete fiercely for political power so rules are needed to regulate this competition to ensure it takes place within limits. These rules are included in a constitution.

[All clubs, societies, colleges etc have rules, but a political constitution has to be different, because the state is not voluntary and so its rules have to be binding on all.]


The functions of any constitution should be:

1) To distribute power within the political system
2) To limit the power of the Government
3) To establish the rights of the citizens
4) To define the nature of citizenship
5) To define the territory governed by the constitution
6) To define relationships with external bodies
7) To establish how the constitution itself can be amended


As such a constitution should contain rules regarding the 3 main elements of a political system:

~ The relationship between central and local government (1)
~ The relationships between the institutions of central government (1)
~ The relationship between the government and the governed (2,3,4)


http://www.thinkhistory.btinternet.c...nstitution.htm
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