Consitutional Law, LL.B 3rd term: Topi Basar

Friday, August 11, 2006

Federalism

1. Student should define federal and unitary constitution.

2. Meaning of Quasi-federal constitution.Eg., Canada

3. Bring out the essential characteristics of a federal constitution and unitary. Imp.points are: Supremacy and rigidity of constitution vis a vis federalism.

4. Highlight the working of constitution in theory and practice.You will find that the distinction between unitary and federal is not followed strictly., eg being Canada Australia,New Zealand,Irish Republic.

5. Examine whether supremacy and rigidity of constitution an essential feature of all federal state or contrary in reality.

6. Confederation or a Confederate constitution. Eg., Swiss constitution:-In such form of govt. the govt. of the whole country is subordinate to the governments of the parts.But K.C wheare prefers to call such arrangement as merely a covenant,an agreement,a treaty.

7. Emphasise on the actual practice of the constitution than the law of the constitution to see if it’s a federal or unitary.

Key Points- Federal state-The govt. of the whole country and the governments of the constituent parts were not subordinate to one another but rather coordinate with each other.

Unitary State- If the governments of the Constituent parts of a country were
subordinate to the government of the whole .

K.C Wheare- termed India as Quasi-federal Constitution.Analyse.

0 Comments:

Post a Comment

<< Home