法律英语词汇“constitutional law”的翻译、意思、用法、释义-法律词典

单词

constitutional law

释义

constitutional law

constitutional law the law that determines the relationship of the cit- izen to the state and that controls the operation of the various branches of the state. Some examples are now discussed.

In the UK there is no single fundamental document in which the constitutional law can be found. The law is found in certain impor- tant Acts of Parliament (like the ACTS OF UNION), in the law and cus- tom of PARLIAMENT and in conventions. The supreme law-making body is the Queen in Parliament. The House of Lords is not a consti- tutional court and cannot generally strike down legislation. Mem- bership of the EUROPEAN COMMUNITIES has affected the constitutional law of the UK in ways not fully appreciated. There is a devolved

SCOTTISH PARLIAMENT and a NATIONAL ASSEMBLY FOR WALES. See ACT OF PARLIAMENT, CABINET, CONVENTIONS, HOUSE OF COMMONS, HOUSE OF LORDS, PRIVY COUNCIL.

In the USA, the Constitution, ratified by 13 states in 1788, is the heart of the American legal system. In seven articles and 26 amend- ments it lays down the political and legal structure of the federal government. The first ten amendments are known as the BILL OF RIGHTS. Changes are seldom effected, but the SUPREME COURT creative- ly interprets the intention of the first founding fathers of the Consti-

constitutional law

tution. Each state has its own constitutional documents. The federal government is delegated specific powers involving regulating inter- state trade, taxation and war treaties. CONGRESS enacts laws. The executive function lies with the President of the USA. The Constitu- tion provides the checks and balances to allow the three divisions of government to cooperate.

In Australia, the Commonwealth of Australia Constitution Act 1900 is an Act of the imperial UK Parliament. It can be amended only by a referendum procedure. The states themselves have consti- tutions also derived from the UK and antedating the federal consti- tution. Much more radical independence from the UK came with the Australia Act of 1986, which removed the right of appeal to the privy council. The Parliament consists of the Queen, Senate and a House of Representatives. Executive power is in the hands of the Queen, exercisable by the Governor General. Judicial power is in the hands of the HIGH COURT OF AUSTRALIA, headed by a Chief Justice. There is a division of powers between the states and the federal gov- ernment, which, as in the USA, has been a source of much jurisdic- tional legislation and controversy. Many important powers are held concurrently. UK law no longer applies to Australia – indeed, no longer can apply; state parliaments can repeal any previous imper- ial legislation.

The Canadian Constitution has three major written parts: the Con-

stitution Acts of 1867 (formerly the British North America Act) and 1982 and the Charter of Rights and Freedoms. The Meech Lake Con- stitutional Accord of 1987 was expected to come into force in 1992 but did not actually do so. By implication, the 1867 Act was held to imply the freedoms of the British Constitution. Executive authority in fed- eral Canada resides in the Crown in the form of the Governor General, in the provinces in the Lieutenant Governors. Under con- ventions of the constitution, their powers are exercised only after con- sultation. The UK enacted the Canada Act 1982, which set up a new constitution and one that bound Quebec, despite its having rejected the package. The Meech Lake Constitutional Accord recognised the distinctiveness of Quebec. The Accord also gave the provinces increased power, allowing them to nominate persons for the Senate and the Supreme Court. It made constitutional certain practices, such as consultation of the provinces and the federal government. The pro-

construction

cedure for amendment was changed. The Act provides that UK legis- lation should no longer apply to Canada and provides for a Charter of Rights and Freedoms – a Canadian BILL OF RIGHTS.

In New Zealand the main constitutional provision is the Constitu- tion Act of 1852, which gave responsible government to the Crown colony; also important is the New Zealand Constitution Amendment Act 1947. Dominion status was granted in 1907. The Parliament of New Zealand can, like the UK Parliament, alter any previous laws, including all or any of the provisions of the Constitution Act. Parlia- ments are summoned and dissolved by proclamation of the Gover- nor General – in dissolutions he acts on the advice of the prime min- ister – and a session lasts three years. It is a UNICAMERAL parliament. The government is led by a prime minister who has a cabinet and an administration – the executive council, including the non-cabinet ministers. The council is legally government and includes the Gover- nor General.

In Ireland, under the Constitution of the Republic, the head of state

is directly elected by the people and may hold office for up to two seven-year terms. The President, on the nomination of DAIL EIREANN, appoints the TAOISEACH, or prime minister, and, with the approval of the Taoiseach, the other members of the government. The Dail is summoned and dissolved by the President on the advice of the Taoiseach, and it is the President who must sign legislation before it can become law. The President may, after consultation with the COUNCIL OF STATE, refer the bill to the SUPREME COURT for a decision on whether it is repugnant to the Constitution. The President's Com- mission exercises the functions of the President should that person be unable to do so through absence from the state, incapacity, resig- nation, removal or death. It comprises the Chief Justice, the Chair- man of Dail Eireann and the Chairman of SEANAD EIREANN.

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