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An Introduction to the Study of the Law of the Constitution

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Albutt v Centre for the Study of Violence and Reconciliation and Others [2010] ZACC 4; 2010 (3) SA 293 (CC); 2010 (2) SACR 101 (CC); 2010 (5) BCLR 391 (CC) (Albutt) para 50. Review of Introduction to the Study of the Law of the Constitution". Columbia Law Review. 15 (7): 644–647. November 1915. doi: 10.2307/1110463.

Constitutional supremacy has various implications for a state, state actors, and persons within a state’s jurisdiction, primarily that the rules in a constitution both establish and constrain the exercise of state power [2]. A state can only act in terms of its constitution. If it exceeds the bounds of the constitution its conduct is legally invalid. Saunders, Robert (2016). Democracy and the Vote in British Politics, 1848–1867: The Making of the Second Reform Act. Routledge. p.161. Constitutional law commentaries and curricula thus focus separately on the Bill of Rights and the separation of powers. This work roughly follows this structure. However, there is overlap between these two branches of constitutional law and this overlap is highlighted where relevant in this book. Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Care, Jennifer Corrin (2004-01-12). Civil Procedure and Courts in the South Pacific. Routledge Cavendish. p.3. ISBN 978-1-85941-719-5.

Introduction to the study of the law of the constitution.

Macpherson, Heidi S.; Kaufman, Will (2005). Britain and the Americas: Culture, Politics, and History. Manchester, NH: Ezekial Books, LLC. p.259. ISBN 9791851094317. Democracy entails that citizens of a state decide on issues concerning themselves and their state. But how this plays out in practice can depend on a model of democracy. Should all citizens vote on every issue? Should representatives be elected to vote on behalf of citizens? If so, how should those representatives be elected and how should they be held to account to citizens? Models of democracy can differ on the answers to these questions. Bingham, Thomas. The Rule of Law, p. 3 (Penguin 2010). See Dicey's An Introduction to the Study of the Law of the Constitution, p. 173. Dicey, A. V. (1959). Introduction to the Study of the Law of the Constitution (10ed.). London: Macmillan. Hale, Sandra Beatriz (July 2004). The Discourse of Court Interpreting: Discourse Practices of the Law, the Witness and the Interpreter. John Benjamins. p.31. ISBN 978-1-58811-517-1.

Follett, R. (2000). Evangelicalism, Penal Theory and the Politics of Criminal Law: Reform in England, 1808–30. Springer. p.7. Treaties, particularly those related to the European Union, although the recent Brexit vote has brought changes in this area The fundamental rules constituting the state are those rules regulating the primary powers and duties of the state; the rules establishing arms and organs of the state; and the basic rules prescribing how a state interacts with persons in its jurisdiction through those arms and organs. So, constitutional law may not be limited to all the rules in a codified constitution. The laws relating to a state’s constitution may be contained in statute, common law, or even custom. In some countries, like religious states, constitutional law might even extend to theological texts. The ambit of constitutional law ultimately turns on what one considers to be rules that relate to the fundamental existence and functioning of a state.See for example My Vote Counts NPC v Minister of Justice and Correctional Services and Another [2018] ZACC 17. Markwell, Donald (2016). Constitutional Conventions and the Headship of State: Australian Experience. Connor Court. ISBN 9781925501155. All state arms are bound by a supreme constitution. This includes the state legislature, the arm of government assigned with law-making powers. In a democratic state, this can give rise to what is commonly referred to as the counter-majoritarian dilemma; if a constitution limits the powers of a majority in parliament, then the will of the majority may be thwarted by a pre-existing constitutional rule. This runs counter to a basic premise of democracy that the majority of the people must determine the rules of a state. At the other extreme, if a majority of people can constantly overrule constitutional rules, then the constitution is hardly supreme. If the rules of the constitution could routinely be overridden by Acts of Parliament passed with a majority, the constitution would effectively be rendered meaningless. This could have implications for minority groups that are not represented by the majority in Parliament but whom a constitution seeks to protect.

Weill, Rivka (2003). "Dicey Was Not Diceyan". The Cambridge Law Journal. 62 (2): 474–493. doi: 10.1017/S000819730300638X. Chapter 10 introduces the Bill of Rights. The chapter begins with an introduction to the Bill of Rights and some general principles pertaining to the Bill of Rights. The six chapters after that deal with specific rights or groups of rights in the Bill of Rights. • QUESTIONSFor example, the case of Doctors for Life concerned the constitutionality of the Choice on Termination of Pregnancy Amendment Act 38 of 2004 [1]. The Act gave women the right to abort a pregnancy. The Constitutional Court declared the Act to be unconstitutional, not because legalising abortion violated the right to life in the Bill of Rights, but because Parliament, in passing the law, had not fulfilled its constitutional duty to take reasonable steps to ensure public participation in the legislative process. The act was unconstitutional not for a rights-related reason, but for failing to perform its constitutional duty. Dicey was educated at King's College School in London and Balliol College, Oxford, graduating with Firsts in classical moderations in 1856 and in literae humaniores in 1858. In 1860 he won a fellowship at Trinity College, Oxford, which he forfeited upon his marriage in 1872. First edition published in 1885 under title: Lectures introductory to the study of the law of the constitution Phoenix, Eamon & Parkinson, Alan (2010), Conflicts in the North of Ireland, 1900-2000, Four Courts Press, Dublin, Pg 33. ISBN 978 1 84682 189 9

It is when a constitution seeks to move a society towards a better version of itself instead of maintaining a status quo. Section 1 of the Constitution provides that South Africa is a republic founded on the value of constitutional supremacy. Section 2 of the Constitution provides that the Constitution is ‘supreme law in the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled’. The rules in the Constitution thus trump all other rules contained in statutes, common law and custom. Any rule inconsistent with a constitutional rule is an invalid rule. Any conduct that contradicts the constitution, including failing to fulfil an obligation imposed by the Constitution, is similarly invalid.As explained at the start of this chapter, constitutional law is roughly divided into two parts: separation of powers and the Bill of Rights. The book reflects this division. Garner, Bryan A. (2001). A Dictionary of Modern Legal Usage (2nd, reviseded.). New York: Oxford University Press. p. 177. ISBN 978-0-19-507769-8. In modern usage, common law is contrasted with a number of other terms. First, in denoting the body of judge-made law based on that developed in England... [P]erhaps most commonly within Anglo-American jurisdictions, common law is contrasted with statutory law ... W B Gwyn, The Meaning of the Separation of Powers: An Analysis of the Doctrine From Its Origin to the Adoption of the United States Constitution, Tulane University (1965).

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