1. Constitutions and Constitutional Government

2. Different views of constitutions “Constitutions are scraps of paper” -- Otto von Bismarck Constitutions are the foundations of liberal democracy

3. What is a constitution? A fundamental law superior to administrative or statute law A framework for government: constitutions define basic political institutions, their powers and their limits May include statements of societal goals and objectives

4. Origins: Ancient and medieval systems in which there is some agreement on the basic structures of government, and on limits to the power of institutions. For example: –Limits on the prerogatives of the monarch –Agreement on prerogatives of parliaments

5. Contemporary constitutions may reflect earlier frameworks adopted to modern circumstances (e.g Britain) OR Deliberate acts of constituting a country and a government

6. Constitutions are found both in Liberal democracies & in Many, but not all, authoritarian systems

7. Components: A preamble or statement of purpose Sections defining the powers and prerogatives of institutions Enumeration of citizens’ rights An amending formula

8. Varieties: Flexible v. rigid Written v. unwritten Presidential v. Parliamentary v. Semi- presidential Unitary v. federal

9. Impact or effect of constitutions depends on: Willingness of elites and key groups in society to accept its limits -- e.g. –Executive –Political parties –Organized interests –The military Willingness (and ability) of courts to ensure that it is followed

10. Constitutions and how they operate. Differences and similarities among –Britain –France –United States –Canada

11. Britain’s constitution: Medieval institutions made modern (or more or less modern) Consists of written and unwritten parts Best described as an un-codified rather than an unwritten constitution

12. Written parts: Basic constitutional settlements: –Magna Carta (1215) –Act of Union (1707) –Acts of Settlement (1689) Ordinary laws: –First Reform Bill (1832) –Second Reform Bill (1867) –Third Reform Bill (1884) –Parliament Act of 1911 –Scotland Act (1997)

13. Unwritten parts of the British Constitution: Conventions defining, among other things, –powers of the cabinet –Powers of the prime minister –relations between cabinet and prime minister –relations between cabinet and parliament Example: must the government resign if it loses a vote in parliament?

14. Problems: How do we know when a practice is or is not a convention of the constitution? How different is Britain from other liberal democracies?

15. The United States Constitution from 1787 A short document – –30-35 pages –7 main articles –27 amendments Provides for –A presidential system with pronounced separation of powers –A federal system with all residual powers reserved for the states

16. Changes in the American constitution over time: Democratization: from elite to mass-based politics Growth in the power of the federal government: –The 19 th c. vs. the 20 th century state Expansion and contraction of the power of the presidency

17. Sources of change: Judicial review by the Supreme Court implied but not specified in the Constitution -- Established by Chief Justice John Marshall in Marbury v. Madison (1803) Practice and interpretation Political parties and the ways in which they connect or fail to connect Congress and the Presidency

18. France: Current constitution: Fifth Republic – from 1958 Semi-presidential regime put in place by threatened military insurrection Presidential powers implied but not directly granted. Yet: –Constitution modified through expansion in the powers of the presidency– via practice and usage –Constitution amended in 1962 by extra constitutional means (via an amending formula not specified in the constitution)

19. Canada Oh Canada

20. Problem: Why are some constitutions strictly adhered to while others are not? Why are some countries able to agree on their constitutions while others are not able to do so? What functions do constitutions serve in systems which are fundamentally authoritarian?