Constitutional Frameworks - Introduction to Constitutional Law

Flashcards covering definitions, origins, institutional frameworks, and rights doctrines from Week 1 of Constitutional Frameworks / Advanced Constitutional Law 1 at UCD School of Law.

Edward O. Wilson's Problem of Humanity

The formulation that the real problem of humanity is having "Paleolithic emotions, medieval institutions and godlike technology."

Constitution (OED Sense 3: Historical / Legal Decree)

A decree, ordinance, law, or regulation, usually made by a superior civil or ecclesiastical authority; specifically in Roman Law, an enactment made by the emperor.

Apostolical Constitutions

In Church History, a collection of ecclesiastical regulations purporting to have been made by the apostles, though known to be of much later date.

Constitutions of Clarendon (1164)

A body of propositions drawn up at the Council of Clarendon during the reign of Henry II, defining the limits of civil and ecclesiastical jurisdiction in England.

Constitution (OED Sense 4: Compositional)

The way in which anything is constituted or made up; the arrangement or combination of its parts or elements, as determining its nature and character (its make, frame, or composition).

Constitution (OED Sense 6: Political Organization)

The mode in which a state is constituted or organized; especially regarding the location of sovereign power, such as a monarchical, oligarchical, or democratic constitution.

Constitution (OED Sense 7: Fundamental Governance System)

The system or body of fundamental principles according to which a nation, state, or body politic is constituted and governed, which contains the principles with which all legislation must be in harmony.

British Constitution

An uncodified constitutional system embodied in successive concessions on the part of the sovereign power, implied in long-accepted statutes, or established gradually by precedent.

Written Constitution

A formal document framed and adopted on a particular occasion by members of a commonwealth or their representatives that embodies the fundamental law of the state.

Article 125 of the USSR Constitution

A provision guaranteeing citizens freedom of speech, press, assembly, and street demonstrations by placing material requisites at their disposal, demonstrating the divergence between constitutional text and practical reality.

Constitutional Genesis: Revolution

The creation of a new constitutional order in the aftermath of the overthrow of an existing political regime, as occurred in the French Revolutionary era after 1789.

Constitutional Genesis: Federation

The creation of a constitution through the coming together of distinct states or colonies to establish a single unified political order, as occurred at the 1787 United States Constitutional Convention.

Constitutional Genesis: Secession / Break-up

The emergence of a new constitution resulting from a nation or territory separating from a larger imperial or political union to establish independent sovereignty.

Article 4 (Bunreacht na hÉireann)

The constitutional article stating: "The name of the State is Éire, or, in the English language, Ireland."

Article 7 (Bunreacht na hÉireann)

The constitutional article providing that the national flag of Ireland is the tricolour of green, white and orange.

Article 8 (Bunreacht na hÉireann)

The constitutional article providing that the Irish language is the first official language, English is recognized as a second official language, and law may provide for the exclusive use of either language for official purposes.

Preamble to Bunreacht na hÉireann

The opening statement of the Irish Constitution, invoking the Most Holy Trinity and Jesus Christ, asserting popular adoption ("We, the people of Éire"), and aspiring toward common good, justice, and national unity.

Separation of Powers

The constitutional doctrine dividing state authority into three distinct branches: the Legislative (law-making), the Executive (law-implementing), and the Judicial (law-interpreting).

Leinster House

The historic building in Dublin that houses the Oireachtas, representing the legislative branch of the Irish State.

Government Buildings (Merrion Street)

The administrative headquarters of the Department of the Taoiseach and the Irish government, representing the executive branch.

The Four Courts

The historic judicial complex in Dublin housing the superior courts, representing the judicial branch.

The People (as Source of Authority)

The ultimate political entity from which constitutional authority derives in a democracy, recognized in Bunreacht na hÉireann as enacting and giving the constitution to themselves.

Constituent Assembly

A formal body or convention of representatives convened specifically to draft, debate, and adopt a constitution.

Plebiscite

A direct vote by the entire electorate to approve or reject a specific proposal of fundamental constitutional significance, such as the adoption of a new constitution.

Plebiscite of July 1st, 1937

The referendum held concurrently with a general election in Ireland wherein the electorate voted to enact the draft of Bunreacht na hÉireann.

Fianna Fáil 1937 Plebiscite Platform

The political campaign led by Éamon de Valera urging a "YES" vote on the draft Constitution as a non-party instrument of national sovereignty, independence, and Christian social philosophy.

Fine Gael 1937 Anti-Constitution Campaign

The political campaign urging electors to "Say NO to the Constitution" on the yellow plebiscite ballot paper, arguing that Fine Gael, Labour, Independents, and women opposed it.

Shadow of Westminster

The enduring British parliamentary tradition and institutional model that continues to influence the constitutional design and practices of Ireland and other post-colonial states.

Bunreacht na hÉireann

The fundamental law of Ireland, enacted by the people in 1937, establishing the institutions of the state, fundamental rights, and the framework of government.

Constitutional Law Outside the Constitution

The body of primary statutory legislation that regulates constitutional machinery, democratic processes, and rights protection without being contained within the text of the Constitution itself.

Electoral Acts 1992 to 2023

The series of Irish statutes regulating parliamentary and local democratic elections, constituency boundaries, and voter registration.

Presidential Elections Acts 1992 to 2006

The statutory framework governing the nomination, polling, and election process for the office of the President of Ireland.

Referendum Acts 1992 to 2022

The legislation regulating the administration, conduct, and voting procedures for constitutional referendums in Ireland.

Local Elections Acts 1974 to 2014

The series of statutes governing the democratic selection and election of local government authorities across Ireland.

European Convention on Human Rights Act 2003 and 2014

Domestic Irish legislation that gives statutory effect to the European Convention on Human Rights in Irish law subject to Bunreacht na hÉireann.

Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

An Act defining the legal parameters, procedures, and privileges of parliamentary committees and inquiries in Ireland.

"Dignified" vs "Efficient" Institutions

The constitutional distinction between ceremonial offices that inspire loyalty and represent the state, and practical bodies that actively formulate policy and govern.

Tony Benn's Five Questions on Power

Five democratic accountability tests: "What power have you got?", "Where did you get it from?", "In whose interests do you use it?", "To whom are you accountable?", and "How do we get rid of you?"

Structure-Derived Rights

Fundamental rights that inherently arise from the democratic constitutional framework itself, including voting rights, court access, and freedoms of expression, association, and assembly.

Constitutional Entrenchment of Rights

The elevated legal status of a right that requires a special procedure (such as a popular referendum or supermajority) to amend, enabling courts to invalidate conflicting ordinary legislation.