Constitutional Law Test #1
What are the elements of legitimacy of constitutionalism?
1. Conformity with broad philosophical values within the state; 2. Act of the state
How can the constitution and conduct of state must be legitimate?
1. Constitution is more than just an idea of legality; 2. Official conduct must follow pre-existing (legal) rules; 3. Issue of exercise of legal authority as against whether or not an action is constitutional
What does Thomas Paine say about constitution relating to the people?
A government without a constitution is power without right.
What are the two things that the constitution of Papua New Guinea is called?
A political statement and a legal document.
Why is the constitution regarded as a living dynamic organism?
At any point in time, it will reflect the moral and political values of the people it governs.
Define Constitution
Barnett says, "In lay terms, a constitution is a set of rules that governs an organization."
How does Professor K C Wheare define constitution?
Constitution is a whole system of government of a country, the collection of rules which establish and regulate or govern the government.
Constitution is a feature of what types of governments
Democratic governments
Who according to Brunson & Colquhoun-Kerr should be aware of the constitution's provisions and how it has been interpreted?
Lawyers, politicians and those involved in business or administration.
What is the supreme law of Papua New Guinea?
The Constitution
Who has the authority in Papua New Guinea to amend the constitution?
The National Parliament
Who has the authority in Papua New Guinea according to the constitution to review and interpret the constitution?
The National and Supreme Courts
What makes up Constitutional Laws?
The constitution and organic laws
Why does Goldring say the constitution will be the subject of very detailed consideration by the courts?
The constitution is complex and full of words and phrases
Government is only a creation of what?
The constitution.
Constitutional looks at which two regulations of the body it governs?
The internal and external regulation
What does a constitution define?
The powers, rights, duties of the members of that organization out of the organization itself.
What is constitutional law concerned with?
The role and powers of the institutions within the state and with the relationship between the citizen and the state.