1. What is a constituition?
   1. Sets out formal structure of state
   2. Set out rits of citizens (bills of rights)
2. Types of constiutions
   1. Codified (a written constitution)
      1. Most constitutions are codified, but obvious examples are USA, France, Germany (basic law)
   2. Un codified (unwritten)
      1. Eg UK, NZ, Israel
         1. Don't use "unwritten" since many aspects are written, or appear in law.
         2. UK is a "constitutional monarchy" where the "sovereign reigns but does not rule" unlike, say, Arab monarchies.
   3. Absolutist constitutions
      1. Rulers are "above the law"
      2. Authority to produce and change legal norms are centralised and absolute to the ruler
   4. Legislative supremacy constitution
      1. Crucial norm of "legislative sovereignty"
      2. Constitution is flexible or not entrenched. Can be amended in the same way that ordinary legislation is passed
      3. Examples are UK, NZ
      4. Parliament is sovereign and whatever it passes is law until amended or repealed by same body. No special procedures for amending a constitution, just done through parliamentary legislation.
      5. No bill of rights, explicit rights can only be enshrined in legislation BUT in e.g. UK you have a right to do something until it is forbidden not other way around.
   5. "higher law" (rigid) constitutions
      1. Institutionsof the upstate are established by and derive authority from a written constitution
      2. Ultimate power to the people through election
      3. Public authority is lawful only insofar as it conforms with the constitutional law
      4. Constitution provides for a bill of rights and constitutional justice to defend those rights
      5. The constitution itself specifies how it may be revised.
         1. In theory this makes it far more difficult to change. In practice activist judiciary and finding ways round things (full faith and credit), posse commitatus, and other "holes" in the constitution allow govt to do things without amendment.
3. Bills of Rights
   1. Impose substantive constraints on exercise of public authority
   2. Public authorities must act in accordance or their acts will be red illegal
   3. Negative rights vs positive rights
      1. Negative: state cannot stop you doing these things
         1. US mainly negative rights
      2. Positive: imposes duties on governments to facilitate enjoyment of a particular right
         1. But also therefore imposes an obligation on "victims" of the state as payers
         2. E.g. Mexico imposes employment rights and so on
         3. South Africa
4. Judicial review and constitutional courts
   1. By and large with a codified constitution you would need to have something to review decisions to see whether they are compatible with constitution
      1. Main types a judicial review and constitutional court
         1. Judicial review is like the US Supreme Court
            1. SCOTUS system is simply the "highest court" in the entire federal system.
            2. It hears ordinary cases as well as constitutional chalenges
            3. Constitutional challenges must be part of a real case - "concrete" not "abstract". Ordinary judges recognise a constitutional issue in a lower court case and refer it up.
         2. "European" system tends to be "constitutional court"
            1. Not any old judge can make a ruling on constitutional conformity. A centralised specialised constitutional court is established and it only does this. Possibly a better division of powers than with e.g. SCOTUS
            2. Constitutionalcourt often does not need a case - it looks at laws or decisions in abstract. They can "call in" legislation. SCOTUS is always done by hearing a particular case.
            3. SCOTUS members appointed for life. Constitutional courts tend to appoint for specific terms.
         3. Topic