What is a Constitution?: 20 flashcards
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1. What is a constitution?
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The fundamental set of rules and principles by which a country is governed — the supreme law of the land.
2. Why is a constitution called the supreme law?
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Because every other law, government action, and official decision must conform to it; laws violating it can be struck down.
3. What does 'grundnorm' mean?
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The basic norm from which all other legal norms derive their validity — the constitution is the grundnorm of a legal system.
4. What are the two opposite jobs a constitution performs?
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It creates government institutions and grants them powers, and it limits those same institutions to prevent abuse.
5. What is the difference between a written and an unwritten constitution?
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A written constitution is a single document (India, USA); an unwritten one is made of statutes, common law, and conventions (UK).
6. When was the Indian Constitution adopted and when did it come into force?
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Adopted on 26 November 1949; came into force on 26 January 1950.
7. How long is the Indian Constitution?
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It is the longest written constitution of any sovereign country, originally containing 395 articles and 8 schedules.
8. What is judicial review?
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The power of courts to check government actions and laws against the constitution and strike down those that violate it.
9. What are fundamental rights?
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Entrenched rights guaranteed by the constitution (e.g., equality, free speech, life and liberty) that are enforceable in courts.
10. What does the rule of law mean?
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Everyone, including the government, is subject to the law — power is exercised according to law, not whim.
11. Why are amendment procedures usually special?
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To prevent hasty changes by a temporary majority while still allowing the constitution to evolve.
12. Why is a constitution called a living document?
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Because its meaning evolves through judicial interpretation and formal amendment over time.
13. What is the social contract idea in constitutionalism?
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Government authority derives from the consent of the governed, as expressed in the constitution (e.g., 'We the People').
14. How does a constitution protect minorities?
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By entrenching fundamental rights that cannot be taken away by a simple majority, backed by judicial review.
15. What system of government does the Indian Constitution establish?
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A parliamentary system with a federal structure (strong centre) and an independent judiciary.
16. Why is a constitution not just another statute?
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It is created by a special body, ratified by the people, and binds the legislature itself — ordinary laws cannot do that.
17. What happens if a parliament passes a law that violates the constitution?
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The law can be struck down as unconstitutional by the courts.
18. What does the preamble of a constitution usually declare?
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The source of authority — for example, 'We the People'.
19. Give one everyday example of a constitutional right in action.
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Speaking freely, assembling peacefully, or practising your religion — these are exercises of constitutional rights.
20. What is the writ of habeas corpus used for?
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To challenge illegal detention by citing constitutional provisions.
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