Political Science 1020E Lecture Notes - Lecture 20: Constitution, Constitutionalism

• School: Western University
• Department: Political Science
• Course: Political Science 1020E
• Professor: Nigmendra Narain

Document Summary

We begin this lecture by distinguishing between common and civil law. Common law builds on customs and traditions, which judges interpret in a way that sets binding precedents for future court cases. Civil law features written legal codes, which judges are supposed to apply in straightforward fashion precedent plays a supportive role, helping to fill in the inevitable gaps in the code. So, it"s ofte(cid:374) said that (cid:272)o(cid:373)(cid:373)on law judges make law, while civil law judges administer the law. We then define a constitution as a set of rules defining the powers of political institutions, regulating their interactions, and setting out the rights of citizens. Constitutionalism involves recognition of such a backdrop of fundamental rules, and acceptance that therefore the powers of political institutions are limited by these rules. From that point onward, constitutions have almost routinely surfaced in response to such major events as war defeats, independence struggles, and the collapse of the old regime.