Constitutions in French and Common Law

From the study guide

Course Outline

  1. British Constitutional Continuity
  2. American and French Constitutional Change
  3. Constitutional Forms and Codification
  4. Formal and Material Constitutions
  5. Constitutional Hierarchy of Norms
  6. Models of Constitutional Review
  7. Constitutional Review in the United Kingdom

1. British Constitutional Continuity

Key Concepts & Definitions

  • Constitutional convention: A customary rule governing political conduct that is not itself a legally enforceable statute.

★ Must-know

📌 The British constitutional order developed through continuity of the monarchy rather than a constitutional breakup or constituent moment like those in the United States and France.

  • The UK’s constitutional rules draw on customs and conventions, case law, and legislation, including Magna Carta (1215), the Bill of Rights (1689), the Human Rights Act (1998), and the Constitutional Reform Act (2005).

Further detail

  • The British Constitution is described by John Griffith in “The Political Constitution” (1979) as “no more and no less than what happens.”
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Practice quiz preview

1. How did the British constitutional order develop, in contrast to the constitutional changes in the United States and France?

2. A minister follows a customary political rule that is not legally enforceable as legislation. What kind of rule is this?

3. What does constituent power mean in constitutional law?

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Flashcard preview

What distinguishes the British constitutional order from the constitutional histories of the United States and France?

It developed through continuity of the monarchy rather than a constitutional breakup or constituent moment.

What does constituent power enable?

The creation of a constitution.

Which description of the British Constitution did John Griffith give in “The Political Constitution” (1979)?

“No more and no less than what happens.”

On what date did the United States declare independence?

4 July 1776.

What sources form an unwritten constitution, as in the United Kingdom and New Zealand?

Customs and case law.

What distinguishes a formal constitution’s adoption and revision procedures from ordinary law?

They use exceptional procedures.

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Frequently asked questions

What does the Constitutions in French and Common Law study guide cover?

It covers the core concepts of Constitutions in French and Common Law, organized by topic with the key definitions, explanations and takeaways, so it's easier to learn and remember.

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How many questions are in the Constitutions in French and Common Law quiz?

The practice quiz has 11 multiple-choice questions, each with an explanation. Use it to check what you know and find your gaps.

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