II. Development. What is the role of the Constitution in establishing

TEXT 2

I. LEAD-IN

What is the role of the constitution in establishing

- state and legal structure;

- human rights;

- legal procedures?

Read the text referring to the italicized terms:

CONSTITUTIONAL LAW: TYPES AND FUNCTIONS OF CONSTITUTIONS

Constitutions are the framework for government and may limit or define the authority and procedure of political bodies to execute new laws and regulations. Not all nation states have codified constitutions though all law-governed states have law of land consisting of various imperative and consensual rules. They may include common law, conventions, statutory law and international rules.

Codified constitutions are considered rulemaking fundamentals, or rules about making rules to exercise power. They govern the relationships among the judiciary, the legislature and the executive bodies. One of the key tasks of constitutions within this context is to indicate hierarchies of power. For example, in a unitary state the constitution will vest ultimate authority in the central administration and legislature, and judiciary, though there is often a delegation of authority to local or municipal bodies. When a constitution establishes a federal state it will identify several levels government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement.

Human rights or liberties for citizens form a crucial part of a country’s constitution and govern the rights of the individual against the state. Most jurisdictions, like the United States, Ukraine and France, have a single codified constitution. A recent example is the Charter of Fundamental Rights of the European Union, which was intended to be included in the Treaty establishing a Constitution of Europe.

Some countries, like the United Kingdom, have no entrenched document setting out the fundamental rights – in this jurisdiction the constitution is composed of statute, case law and convention. Inspired by a famous philosopher John Locke, the fundamental constitutional principle is that the individual can do anything but that is forbidden by law, while state may do nothing but that is which authorized by law.

The function of codified constitution is also to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution. In two-chamber legislatures there may be a process laid out for second or third readings of bills before a new law can be passed.

1. Answer the following questions:

1. Do all state nations have codified constitutions?

2. In what way does a constitution defend human rights?

3. What is jurisdiction of the UK composed of?

4. What is one of the fundamental constitutional principles?

5. How can you describe the role of the constitution in establishing central-local relations of authorized bodies in a unitary state?

Дата добавления: 2014-11-20