What is a constitution and why do we have them? Constitutions What is a constitution and why do we have them?

Introduction Every state has a different way of setting up and using government Constitution: List of human rights protected by the state and a set of fundamental laws that determine the central institutions and offices, and powers and duties of the state. Sets up accountability between the different branches of gov’t & defines their purpose and make up

Social Contract

What is a constitution? 4 main features: Fundamental laws (rules about rules) Very difficult to change Written and planned (Codified) Allocates (gives) and limits powers (defines relationships, rights and duties of citizens and gov’t)

4 parts of a constitution Preamble Bill of Rights Institutions & offices of gov’t Amendment procedures and amendments

What is a constitution cont. 7 Basic Principles Rule of law – not arbitrary (random) rule by powerful people Transfer of power - how leaders change Separation of powers / checks and balances – separate branches of gov’t with clearly defined powers to avoid too much power anywhere Relationship between gov’t & citizens – Bill of Rights. Rights/responsibilities of citizens and limits of power of gov’t

What is a constitution cont. 7 Basic Principles Specifies who is ultimate authority in making / enforcing laws Government accountability – how to keep gov’t accountable to its citizens Final arbiter (to judge a dispute) – who resolves disputes about meaning of document and how / if it can be changed

Separation of Church and State Government should not interfere with religion and vice-versa John Locke: gov’t has no authority in individual conscience. Rational people cannot give control over religion to any gov’t as our own thoughts on religion (freedom of conscience) must be protected from gov’t authority

The Separation of Powers

The best way to create a limited gov’t that is accountable to the people is by dividing power and creating checks & balances so no one branch can become too powerful

The Executive Branch Decision making Implementation Coordination Seems simple enough, but . . . The executive branch is different in kinds of gov’t: *In a Presidential System the directly elected president is both head of state & head of gov’t *In a Parliamentary system the president is usually the head of state only (mostly symbolic) and the head of gov’t (a Prime Minister of Chancellor) has all the real power *A head of state can be appointed but a head of gov’t in a democracy is always elected The Executive Branch Decision making Initiates actions Forms public policy (policies that are the basis for decisions) Implementation Runs departments and bureaucracies Coordination Makes sure every part of gov’t is working effectively In Egypt: President: Abdel Fattah ElSisi Prime Minister: Sherif Ismail

Legislative Branch Law making body, discusses & passes legislation Can be known by many names (parliament, assembly, chamber, house) In a democracy its legitimacy comes from being directly elected Uni-cameral or bi-cameral In Egypt: (uni-cameral) People’s Assembly Shoura Council (used to have it)

Judicial Branch Ultimate authority on interpretation of & application of the law Makes sure gov’t can’t manipulate the constitution for its own interests Judges paid well & appointed for life to avoid corruption Judicial review: power of courts to be interpreter of the constitution & overturn executive & legislative action if its illegal or unconstitutional Judicial Activism: Courts are very active in reviewing legislation and executive action In Egypt: Supreme Constitutional Court, Court of Cassation, Court of Appeal, Court of First Instance, Court of Limited Jurisdiction, Family Court