This document discusses different types of constitutions and constitutional principles. It outlines three main types of constitutions: absolutist, legislative supremacy, and higher law constitutions. It also discusses key characteristics of successful constitutions, including being definite, comprehensive, brief, durable, protecting fundamental rights, and being suitable for the nation. The document then covers the US Constitution, outlining debates between the Virginia and New Jersey plans and the compromise that created a bicameral legislature. It also discusses centralized vs decentralized constitutional review. Finally, it analyzes the positive and negative aspects of federalism using examples from Nigeria and India.

1. POL 252-01
Spring 2015

4.  What are constitutions?
 Codified Constitution
 Written document
 Specific sections or articles
 Uncodified Constitution
 Collection of laws, customs,
norms, traditions
 Informal nature

5.  #1: Absolutist Constitution
 Centralized power to produce, change legal docs
 No popular participation in govt.
 Examples: Communist countries, Post-Coup
 #2: Legislative Supremacy Constitution
 Provides (1) institutions and (2) elections
 Three main characteristics:
▪ (1) Majority vote, (2) No authority, (3) No Bill of Rights

6.  #3: Higher Law Constitution
 Presence of State institutions
 Govt. power / authority given to people
 Scope of legislative authority
 Gives (1) rights and (2) amendment process

8.  #1: Definite
 #2: Comprehensive
 #3: Brief
 #4: Durable and Elastic
 #5: Fundamental Rights
 #6: Suitable

11.  Changes had to be
unanimous
 National government
left with no real power
 Draft Soldiers
 Regulate Commerce
 Have Monetary System

14. MADISON’SVIRGINIA PLAN PATERSON’S NEW JERSEY PLAN
Power given
to smaller states
Representation by
equality
Power given to
bigger states
Representation by
population

15.  Bicameral legislature
 Lower chamber
(House) based on
population
 Upper chamber
(Senate) based on
equality
Roger Sherman

17. Congress:
Legislate
President:
Execute
Judiciary:
Interpret

18.  Decentralized Constitutional Review

19.  Centralized Constitutional Review
The Justices of the
Hungarian Constitutional Court

24. ENTRENCHED
CONSTITUTION
 Support of legislative
majority
 Majority ofVoters AND
Majority of States in
Referendum
UNENTRENCHED
CONSTITUTION
 No amendment process
 No specific legal status
higher than laws
Austria Switzerland

27.  Permits diversity, diffusion of power
 Local governments can handle local problems
 More ways for political participation
 Protects individual rights
 Fosters experimentation and innovation
 Large country with diverse population

28.  National unity difficult
 State governments may resist national policies
 Economic inequality and racial discrimination
 Law enforcement and justice uneven
 Smaller units may lack expertise and money

30. Nigeria and India are two cases
that illustrate the positive and
negative aspects of federalism.

31. NIGERIA
 Positive aspect of federalism
 Solve ongoing differences
by creating more states
 Why would simply adding
more states matter for
stability?
 New states favored by people
for two reasons:
 (1) Avoid domination by largest
ethnic groups and (2) Share in
country resources
INDIA
 Negative aspect of federalism
 Some Indian states have
witnessed high performance
 Example: State of Kerala
(Southern India)
 Example: State of Mumbai
(Western India)
 Other states have lagged
behind considerably