The Seven on One Table
Chapter Sixty-One
Syllabus topic 4, "Comparative Study of the fundamentals of the Constitutions of India, USA, UK, Switzerland, Ireland, Germany and Canada."
Pages 276 to 279 of 676
In one line
Every fundamental feature of the seven constitutions can be placed on one page, with the provision that carries it.
In the wording a student can write in an exam: the fundamentals of a constitution are its form, its supremacy and rigidity, its distribution of power, its executive type, its rights guarantees and their limitation, its judicial arrangements and its amending procedure, and the seven constitutions on this syllabus can be compared on each of those axes.
Form and status
| Form | Supreme? | Amending procedure | |
|---|---|---|---|
| India | Codified, 395 articles, 12 Schedules | Yes, art.13 | Article 368, three routes, plus the basic structure |
| United States | Codified, 7 Articles, 27 Amendments | Yes, Article VI | Article V, two thirds and three quarters |
| United Kingdom | Uncodified | No; Parliament is supreme | Ordinary Act |
| Switzerland | Codified, 197 articles | Yes, subject to art.190 | Articles 138 to 142, 192 to 195, double majority |
| Ireland | Codified, 50 Articles | Yes | Articles 46 and 47, referendum |
| Germany | Codified, 146 articles | Yes | Article 79(2), with art.79(3) absolute limits |
| Canada | Codified in several instruments | Yes, s.52(1) of the 1982 Act | Part V, five procedures |
Distribution of power
| Federal? | Residue | Supremacy clause | Umpire | |
|---|---|---|---|---|
| India | Yes, centralised | Union, art.248 and Entry 97 | Article 254 | Supreme Court, art.131 |
| United States | Yes | States, Amendment X | Article VI | Supreme Court |
| United Kingdom | Unitary, devolved | Not applicable | Not applicable | Not applicable |
| Switzerland | Yes | Cantons, art.3 | Article 49 | Federal Supreme Court, art.189 |
| Ireland | Unitary | Not applicable | Not applicable | Not applicable |
| Germany | Yes | Lander, arts.30 and 70 | Article 31 | Federal Constitutional Court |
| Canada | Yes, centralised | Federal, s.91 opening words | Section 52(1) | Supreme Court, on reference |
The executive
| Type | Head of State | Removal of the executive | |
|---|---|---|---|
| India | Parliamentary | Indirectly elected President, art.54 | No confidence, simple majority |
| United States | Presidential | The President himself | Impeachment only |
| United Kingdom | Parliamentary | Monarch | No confidence, by convention |
| Switzerland | Collegial | The Federal Council, art.174 | None; fixed four-year term |
| Ireland | Parliamentary | Directly elected President, art.12 | Article 28.10 |
| Germany | Parliamentary, stabilised | Federal President, art.54 | Constructive vote, art.67 |
| Canada | Parliamentary | Monarch, through the Governor General | No confidence, by convention |
Rights
| Bill of rights | Limitation technique | Override | Applies to private persons? | |
|---|---|---|---|---|
| India | Part III, arts.12 to 35 | Specific clauses, art.19(2) to (6) | None | Articles 15(2), 17, 23, 24 |
| United States | Amendments I to X and XIV | Judicial scrutiny levels | None | No; state action doctrine |
| United Kingdom | Human Rights Act 1998 | The Convention's own clauses | Parliament may exclude | Section 6 public authorities |
| Switzerland | Articles 7 to 36 | Article 36, with essence | None | Article 35(3) indirectly |
| Ireland | Articles 40 to 44 | In the text of each Article | None | Article 40.3 indirectly |
| Germany | Articles 1 to 19 | Proportionality; art.19(2) essence | None | Indirect horizontal effect |
| Canada | Charter, ss.2 to 15 | Section 1, Oakes test | Section 33 | No; s.32 |
The rest of this chapter
Module one is free. The rest of this chapter comes with the LL.M. Constitutional and Administrative Law Semester 2 notes.
You are reading a chapter from a later module. Everything in module one of every subject stays free, and so does every question paper and the syllabus.
Notes + Solved papers: ₹798 Already bought it? Sign in
Or notes only: ₹499
Or solved papers only: ₹499
Free either way: question papers, the syllabus, and module one of every subject.
The rest of this subject
These notes are cut from the University's printed syllabus. Open the syllabus itself, or the past papers, for the same subject.