Malcolm Rivera
A constitution is a legal framework that outlines the powers and authorities of a country's government and its institutions. It establishes the rules and principles that govern the country, including the relationship between the executive and legislative powers, based on the doctrine of separation of powers. On the other hand, Parliament is an institution within a country's government that holds legislative power and is responsible for creating and amending laws. While the specific structures and functions of parliaments vary, they typically include elected representatives and play a crucial role in a country's political system, often serving as a check on the executive branch.
Differences between Constitution and Parliament:
| Characteristics | Constitution |
|---|---|
| Definition | A constitution is a set of fundamental principles or established precedents that acknowledge certain powers and rights and that govern a state or organization. |
| Examples | Examples of constitutions include the US Constitution, the German Constitution, and the French Constitution. |
| Types | Constitutions can be written or unwritten. They can also be codified or uncodified, meaning they are either written into a single text or scattered across multiple sources. |
| Features | A constitution typically outlines the system of government, the rights and duties of citizens, and the powers of different branches of the state. |
| Characteristics | Parliament |
| --- | --- |
| Definition | A parliament is a legislative body or a group of people that have the power to make laws for a country or region, typically consisting of elected representatives. |
| Examples | Examples of parliaments include the UK Parliament, the US Congress, and the Polish Sejm. |
| Types | Parliaments can be unicameral or bicameral, meaning they consist of one or two houses, respectively. |
| Features | A parliament typically includes representatives from different political parties, who debate and vote on proposed laws and policies. |
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What You'll Learn
Parliamentary sovereignty
In the UK, parliamentary sovereignty makes Parliament the supreme legal authority, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. While the UK constitution is often described as 'partly written and wholly uncodified', over the years, Parliament has passed laws that limit the application of parliamentary sovereignty.
In New Zealand, parliamentary sovereignty is derived from the UK. The parliament exercises sovereignty and the function of the courts is to interpret the law as laid down by Parliament. The courts do not have the power to consider the validity of properly enacted laws. Some legal experts have questioned how far parliamentary sovereignty goes. There are several laws and conventions that limit the exercise of parliamentary sovereignty. For example, the maximum term of Parliament and some other matters relating to the electoral system may only be altered by a parliamentary supermajority or by a majority in a popular referendum.
Israel's political system has many features of parliamentary sovereignty, including a fusion of powers, a unicameral legislature, and no written constitution. In Australia, the idea of parliamentary sovereignty must be understood in the context of the rigid limits and boundaries imposed by the federal Constitution and, to some extent, by the State Constitutions.
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Constitutional monarchies
A constitutional monarchy is a system of government in which a monarch shares power with a constitutionally organized government. The monarch may be the de facto head of state or a ceremonial leader. The constitution allocates the rest of the government's power to the legislature and judiciary.
Many constitutional monarchies still retain significant authorities or political influence, such as through certain reserve powers. The Commonwealth realms, for example, share the same person as a hereditary monarchy under the Westminster system of constitutional governance. Two constitutional monarchies, Malaysia and Cambodia, are elective monarchies, in which the ruler is periodically selected by a small electoral college.
The oldest constitutional monarchy dating back to ancient times was that of the Hittites, an ancient Anatolian people that lived during the Bronze Age. The king had to share his authority with an assembly called the Panku, which was the equivalent of a modern-day legislature. In the Kingdom of England, the Glorious Revolution of 1688 furthered the constitutional monarchy, restricted by laws such as the Bill of Rights 1689 and the Act of Settlement 1701.
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The role of the head of state
The head of state's role is primarily representative, serving as a living national symbol of the state and symbolizing the unity and integrity of the state at home and abroad. In hereditary monarchies, this extends to the monarch being a symbol of the unbroken continuity of the state. For example, the Canadian monarch is described by the government as the personification of the Canadian state.
The mode of selection of the head of state varies between political systems, including direct election by the people, indirect election by a legislative body or electoral college, and hereditary succession. In dictatorships, the position may be seized by force. The head of state may hold significant constitutional power or exert only the ceremonial authority associated with their title.
In a parliamentary system, the head of state may be merely the nominal chief executive officer, heading the executive branch of the state, and possessing limited executive power. In reality, powers are usually exercised only by the direction of a cabinet, presided over by a head of government who is answerable to the legislature. The head of state appoints the prime minister, who will likely have majority support in parliament.
In some parliamentary systems, the head of state may use greater powers than usual, either because of ambiguous constitutions or unprecedented national emergencies. For example, King Leopold III of Belgium surrendered to the invading German army in 1940 against the will of his government, believing that his responsibility to the nation required him to act.
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Separation of powers
The principle of separation of powers is a key feature of constitutional law, and it is closely linked to the concept of parliamentary sovereignty.
Parliamentary sovereignty is a principle of the UK constitution, where Parliament is the supreme legal authority, able to create or end any law. This means that parliamentary systems can operate with a degree of flexibility, as they are not bound by a rigid constitution. However, over time, Parliament has also passed laws that limit the scope of parliamentary sovereignty.
The UK's system of government, often referred to as the Westminster system, has been adopted in many other countries. In this system, the executive branch is not entirely separate from the legislative branch. This is in contrast to a strict separation of powers, as seen in the American congressional system, where the executive is not appointed by the legislative body.
In a constitutional monarchy, the monarch acts as a ceremonial head of state, with their powers bound by a constitution. The monarch's role is largely symbolic and non-political, and they do not exercise executive or policy-making power. While the monarch may hold formal authority and the government may act in their name, they do not set public policy or choose political leaders. The monarch's powers are generally exercised in accordance with constitutional principles rather than personal preferences.
Constitutional monarchies differ from absolute monarchies, where the monarch is the sole decision-maker. In constitutional monarchies, the prime minister or cabinet hold the day-to-day powers of governance, while the monarch retains some residual powers, such as dissolving parliament or giving royal assent to legislation. Some monarchies, such as Japan and Sweden, have amended their constitutions to remove the monarch as the nominal chief executive.
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Historical context
The concept of a parliament with some degree of power to which the throne had to defer emerged during the reign of Edward I. Edward, like previous kings, would call upon leading nobles and church leaders to discuss government matters, particularly finance and taxation. A meeting in 1295 became known as the Model Parliament, as it set the pattern for later Parliaments. The significant difference between the Model Parliament and the earlier Curia Regis was the addition of the Commons, or the inclusion of elected representatives of rural landowners and townsmen.
In 1215, the tenants-in-chief secured the Magna Carta from King John of England. In the same year, Scotland's Convention of Estates enacted the Claim of Right Act, which placed limits on the Scottish monarchy. In 1307, Edward agreed not to collect certain taxes without the "consent of the realm" through parliament.
The Roman Republic had legislative assemblies, which had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital punishment, the declaration of war and peace, and the creation or dissolution of alliances. The Roman Senate, on the other hand, controlled money, administration, and the details of foreign policy.
In the modern era, the National Assembly was established in Poland, consisting of the Sejm and the Senate, which jointly elected the President of the Polish People's Republic. This led to a new democratic constitution and electoral law, defining the Republic of Poland as a democratic state ruled by law.
Constitutional monarchies differ from absolute monarchies in that the monarch exercises their authority in accordance with a constitution and shares decision-making power. In constitutional monarchies, the monarch is a ceremonial head of state, and while they may hold formal authority, they do not personally set public policy or choose political leaders. They may, however, have formal powers such as dissolving parliament or giving royal assent to legislation, which must be exercised in accordance with constitutional principles.
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Frequently asked questions
A constitution is a legal document that outlines the fundamental principles and laws that govern a country. It establishes the powers and responsibilities of the government and often includes provisions for the protection of citizens' rights and freedoms.
A parliament is a legislative body that is responsible for creating and passing laws. It is usually made up of elected representatives and can vary in structure, with some parliaments having two houses or chambers.
The constitution is the supreme legal authority, which outlines the rules and principles that parliament must follow when creating and passing laws. Parliament, on the other hand, is the body that puts those principles into practice by making and changing laws.
Yes, constitutions can be amended or changed through a formal process. For example, the US Constitution can be amended by a two-thirds majority vote in both houses of Congress and ratification by three-quarters of the states.
Yes, the composition of a parliament can change between elections if there is a change in government. This can happen due to a loss of majority support or a vote of no confidence. Additionally, new elections may be called if there is a deadlock or even distribution of power among parties.
