Constitutions
- A constitution: is a set of rules, written and unwritten,
that seek to establish the duties, powers, and functions of the
various institutions of gov’t, regulate relations between them,
and define the relationship between the state and the individual.
- Constitutionalism: is the practice of limited gov’t
ensured by the existence of a constitution.
- Classification of Constitutions: Constitutions may be
classified according to:
a. Form: whether written or unwritten
b. The ease with which the constitution can be changed
c. The degree to which it is observed
d. Content and institutional structure, i.e., whether it is
monarchical, republican, federal, unitary, presidential, or
parliamentary
• - Purposes of a Constitution:
1. Empower states
2. Establish unifying values and goals
3. Provide gov’t stability
4. Protect freedom
5. Legitimize regimes
- Libertarianism: the belief that the realm of individual liberty
should be maximized through minimizing the scope of public
authority
- Gerrymandering: the manipulation of electoral boundaries so
as to achieve political advantage for a party or candidate
• - Constitutional Law: law that is based on a constitution
• - Statute Law: law that is enacted by legislature
• - Common Law: law based on custom and precedent or law that
is supposedly common to all
• - Bill of Rights: is a constitutional document that specifies the
rights and freedoms of the individual, and thus defines the extent
or range of civil liberties
• - Negative Rights: outline the responsibilities of gov’t. They put
limitations on gov’t to insure civil liberties
• - Positive Rights: rights that make demands on gov’t in terms of
resources and support, and thus extend its responsibilities
economically and socially, such as in the social democratic states