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    An Introduction To Constitutional Law

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    Constitutional law establishes the fundamental political principles, procedures, and guarantees of a nation or state. A constitution defines the structure and institutions of government as well as limits its powers through protecting democratic processes and human rights. Constitutional law is considered superior and more fundamental than ordinary laws.

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    An Introduction To Constitutional Law

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    Constitutional law establishes the fundamental political principles, procedures, and guarantees of a nation or state. A constitution defines the structure and institutions of government as well as limits its powers through protecting democratic processes and human rights. Constitutional law is considered superior and more fundamental than ordinary laws.

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    An Introduction to Constitutional Law

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    Constitutional law establishes the fundamental political principles, procedures, and guarantees of a nation or state. A constitution defines the structure and institutions of government as well as limits its powers through protecting democratic processes and human rights. Constitutional law is considered superior and more fundamental than ordinary laws.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    21 views11 pages

    An Introduction To Constitutional Law

    Uploaded by

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    Constitutional law establishes the fundamental political principles, procedures, and guarantees of a nation or state. A constitution defines the structure and institutions of government as well as limits its powers through protecting democratic processes and human rights. Constitutional law is considered superior and more fundamental than ordinary laws.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 11

    Constitutional Law – I

    ‘. . . a document having a special legal status which sets out the framework and
    principal functions of the organs of government within the state and declares the
    principles or rules by which those organs must operate’.

    A Bradley and K Ewing, Constitutional and Administrative Law (15th edn, Pearson/Longman, 2011), p 4.

    ‘it is used to describe the whole system of government of a country, the collection
    of rules which establish and regulate or govern the government’.
    K Wheare, Modern Constitutions (2nd edn, Oxford University Press, 1966), p 1.
    “Due to the nature of its subject-matter (ie establishing the structure
    and institutions of the state), a constitution and its laws ideally should
    be of a higher/fundamental status.
    In other words the law relating to the constitution (‘constitutional law’)
    should, in legal terms, be superior and more fundamental than other
    ‘ordinary’ or ‘non-constitutional’ laws.“

    Source: Mark Ryan & Steve Foster, UNLOCKING CONSTITUTIONAL & ADMINISTRATIVE LAW, p.11
    Awarded Autochthonous/Indigenous
    granted by an imperial regime to its colonies. locally enacted (indigenous) constitutions

    Examples: Constitutions of Sri Lanka prior to 1972


    Examples: 1972 and 1978 Republican Constitutions of
    Sri Lanka
    Codified / Written Uncodified/ Unwritten
    codified as a single document. not codified as a single document, but a collection of
    several documents and common law principles and
    customs.
    Examples: 1978 Constitution of Sri Lanka / 1996
    Constitution of South Africa / 1950 Constitution of Examples: British Constitution
    India
    Presidential Cabinet/Parliamentary
    establish the presidency as the head of state. establish a cabinet headed by a prime minister
    elected through the legislature.

    Examples: United States of America / France /


    Sri Lanka Examples: Britain and India
    Unitary Federal
    Constitutions that state the form of state as unitary in Constitutions that divide state power between the
    nature. centre and the periphery.

    Examples: Sri Lanka Examples: USA and India


    Flexible Rigid
    A constitution is said to be flexible when it is more A constitution is said to be rigid when it is difficult to
    easily amended. amend or change.

    Examples: British constitution Examples: Sri Lanka


    Religious/non secular Secular
    Constitutions that recognize a state religion through Constitutions that do not recognize a state religion
    the constitution. through the Constitution.

    Examples: Bhutan, Saudi Arabia Examples: Nepal Constitution (2015)


    Monarchical Republican
    Constitutions that recognize a monarch as the head Constitutions that indicate the sovereign power of the
    and sovereign of the state. state vested in the people.

    Examples: Bhutan / UK / Saudi Arabia Examples: Sri Lanka


    ▪ Procedural constitutions
    A procedural constitution defines the legal and political structures of public
    institutions and sets out the legal limits of government power in order to protect
    democratic processes and fundamental human rights.

    ▪ Prescriptive constitution
    A prescriptive constitution emphasizes the foundational function of the constitution
    as a ‘basic charter of the state’s identity’, which plays ‘a key role in representing the
    ultimate goals and shared values that underpin the state’

    Source: Elliot Bulmer , What is a Constitution? Principles and Concepts, (2017)


    ▪ A constitution ensures that those who make decisions on behalf of the public fairly
    represent public opinion.

    ▪ It sets out the ways in which those who exercise power may be held accountable to the
    people they serve.

    ▪ It sets out where government powers end by guaranteeing individuals’ specific rights
    and freedoms.

    ▪ Constitutions may provide for the division of powers between the central government
    and the regions.

    Source:Why is a constitution important?, www.lexisnexis.com


    Legal Document
    Foundation of legal
    system and citizen’s
    rights

    Social Political
    Document Document

    Reflecting and
    Power map of
    influencing
    institutions of
    shared values
    governance
    and principles

    Source: Elliot Bulmer , What is a Constitution? Principles and Concepts, (2017)


    ▪ The establishment of the institutions of government together with their roles,
    powers and functions.
    ▪ The establishment of the relationship between the different institutions of the state.
    ▪ The establishment of the relationship between the state institutions and the
    individual.
    ▪ The methods and procedures to change the constitution.

    Source: Mark Ryan & Steve Foster, UNLOCKING CONSTITUTIONAL & ADMINISTRATIVE LAW
    Examples:

    ▪ Constitutionalism
    ▪ Separation of Powers (Check and Balance)
    ▪ Rule of Law
    ▪ Fundamental Rights and Freedoms
    ▪ Sovereignty
    ▪ Franchise and Elections
    ▪ Democracy
    ▪ 1833 - Colebrooke – Cameron
    ▪ 1910 - Crewe – McCallum
    ▪ 1920 - Manning
    Constitutions Granted
    ▪ 1924 - Manning - Devonshire by the British Colonial
    Regime
    ▪ 1931 - Donoughmore
    ▪ 1947 - Soulbury

    ▪ 1972 – 1st Republican Constitution National/Autochthonous


    Constitutions
    ▪ 1978 – 2nd Republican Constitution

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