C.

CONSTITUTION
Generalizations
1. Aspire to regulate the allocation of powers, functions,
and duties;
2. No constitution, however well designed, can protect a
a political system against effective usurpation;
3. Holders of power ignore the constitution more or less
entirely;
4. Even where constitutions work, none is complete:
each operates within a matrix of compromise, custom
or caselaw;
5. Most identify the constituent authority and often
invoke the deity;
6. Legislative, executive and judicial bodies are usually
separated;
7. Bill of rights, provide method for annulling laws and
other instruments which conflict with Constitutions;
8. International scenes only address generalities and
International Law either conform or deny its direct effect
A. Adoption and Amendment
• Constitution follows event in national history: war,
revolution or independence
• Divide amending power among:
People
Legislature
Executive
Between federation and its components
• Some constitutions specify that certain matters may be
amended only by referendum or by an entirely new
constitution.
Federal system: amendments normally require
majorities in their legislature followed by ratification
by a special majority of the states
Another parliamentary alternative- require a
second vote
Some divide the amending power between
legislature and people, by requiring a referendum
wither for certain types or methods of amendments
B. Federalism
• Powers are often allotted to the center governing
structure;
• Main powers of defense, taxation, and commerce got to
the center; education and healthcare may go to the
constituent parts
• Constituent parts are protected, at least in theory, by
representation within the center governing structure
and their own powers of governance in their territories.
C. General Constitution Features
• Federal systems naturally have a bicameral legislature.
But so also do many unitary systems, with the lower
house directly elected
• Two widespread patterns
1. Presidential system
President to be of one party and a majority of the
legislature of another
It separates executive and legislative powers so
that neither body can dissolve the other.
D. JUDICIARY
• Most countries have Supreme Court or Special
Constitution. US is virtually alone allowing a Federal
Court.
• Conflicts brought before the judiciary are embodied in
cases involving litigants: individuals, groups, legal entities
or governments and their agencies.
• Legal systems differ in the extent to which their judiciaries
handle civil, criminal, and administrative cases.
• In some, courts hear all three kinds of disputes:
specialized civil, criminal, and administrative courts. Still
others have some general and some specialized courts.
E. EMERGENCY POWERS
• Executive department must be permitted to take
emergency action if there’s war or disaster; it should
not be capable of being used to subvert both the
legislature and the Bill of Rights.
• Executive is also forbidden to use this power to
suspend, or curtail the power of either branches of
government.
• In UK, permanent statute permits the government to
proclaim state of emergency but subject to
Parliamentary scrutiny.
F. HUMAN RIGHTS
Cannot be given or taken away
Include civil, political, economical, social and cultural
rights
Independent and indivisible
States’ human rights duties include positive and
negative obligations
States’ duties are to respect, protect and fulfill the
enjoyment of human rights.