comparative constitutionalism

what are constitutions

codes of rules that aspire to regulate allocation of functions, powers & duties among offices of government, define relationship between these & public

what are constitutional functions

laws, theories, interpretations

what countries wrote the first modern versions of Constitutions

US, France, Poland

what are the 3 main traditional purposes of a Constitution

to limit the behavior of the government, define the nation & its goals, define patterns of authority and government institutions

what is constitutionalism

• limiting the behavior of the government

• Includes provisions & principles that the future law/government must conform to

• Vital for functioning of a democracy

• State operates for short-term benefits of those in power without commitment to a Constitution

what is an example of a country’s Constitution that defines the nation and its goals & declares the polity’s aspirations

Bolivian Constitution emphasizes plural composition, diversity, anti-colonial indigenous uprising, struggle for liberation/land, etc. 🇧🇴

how do constitutions define patterns of authority & government institutions

Allows those in charge to focus on substance rather than discussing rules of the game; Constitution as a function → constitutional order, tradition, aspirations, limits, interpretations

what are organic laws & institutional acts

• non-constitutional documents that can play similar actions

• Ex: Civil Rights Act, Federalist Papers, Declaration of Independence

• Quasi-constitutional documents; share some constitutional attributes

• Not adopted in the same way as a constitution & can be changed more easily

how do Constitutions embody entrenchment

Constitution can’t be changed easily; highest law

what is an amendment

change to Constitution that follows the procedure established in the Constitution

what is a replacement

change that doesn’t follow the constitutional procedure; usually a more dramatic change & requires a constituent assembly