英美司法制度constitutional-law.pptVIP

Lecture 4 Constitution The Outline Fundamentals of Constitution Defining Constitution Classifying Constitution The U.K. Constitution Classification/Sources/Constitutional Principles The U.S. Constitution An Overview of the U.S. Constitution Constitutional doctrines A Brief Reading of the U.S. Constitution Lecture 4 Constitution Fundamentals of Constitution Defining Constitution - the body of fundamental doctrines and rules of a nation from which stem the duties and powers of the government and the duties and rights of the citizens. Classifying Constitution Written constitution unwritten constitution constitution contained within a single document or a small group of documents. Constitution not to be found in one or small group of documents. Lecture 4 Constitution Rigid constitution flexible constitution - The classification rest on the question whether or not constitutions can be amended with ease. Federal constitution unitary constitution - Whether the constitution divides powers between the federal government and states. Republican constitution monarchical constitution - Whether the constitution is promulgated by a democratically elected president or a constitutional monarchy Lecture 4 Constitution The U.K. Constitution The U.K. constitution is unwritten, flexible, unitary, and monarchial constitution. Sources of the U.K. Constitution Magna Carta (1215) - starting point of the U.K. Constitution; an early assertion of the limits of monarchical power and the rights of individuals; now much of it has been replaced and it is merely of symbolic value. Lecture 4 Constitution The U.K. Constitution The Petition of Rights (1628) The Petition forbade such loans, taxes and other monetary demands without the consent of parliament. The Petition, while still in force, was superseded by the Bill of Rights. The Bill of Rights (1689) ** It is of greater contemporary constitutional importance than the above two. It marked