B. Comparative constitution Flashcards
Name countries belonging to the common-law world.
Common-law countries, including the United States, the United Kingdom, Canada, Australia,
New Zealand, and India, share a legal system rooted in English common law.
What is meant by “mixed jurisdiction”?
Mixed jurisdictions combine elements of both common law and civil law traditions, often
emerging in regions influenced by multiple legal systems. These systems feature unique
legal structures where courts may apply both precedents and statutes, drawing from a combination of judicial decisions and codified laws. Examples include Scotland or South
Africa.
What are the main constitutional differences between the United Kingdom and the United States?
The main constitutional differences between the UK and the US lie in their structures of
government and legal frameworks. The UK´s unwritten constitution relies on statutes, conventions, and historical documents like the Magna Carta, with parliamentary sovereignty
as a core principle. In contrast, the US has a written constitution, establishing a federal
system with separation of powers, and judicial review, allowing the judiciary to invalidate
unconstitutional laws.
What is the significance of the “Magna Carta”?
The Magna Carta, signed by King John of England in 1215, is a foundational document in
constitutional law and individual rights. It represented an agreement between the king and his barons, limiting royal authority. Its influence extends globally, shaping constitutional developments and emphasizing the protection of individual rights and the rule of law worldwide.
Which regions comprise the United Kingdom and how many states are in the United States?
The United Kingdom is made up of four constituent countries: England, Scotland, Wales, and Northern Ireland, each with its own distinct legal and political systems. In contrast, the United States comprises 50 states, each with its own government and legal framework, operating within a federal system.
Who was A.V. Dicey and what was his contribution to the development of constitutional law?
A.V. Dicey, a British jurist and constitutional scholar, made significant contributions to
constitutional law with is influential work, “Introduction to the Study of the Law of the
Constitution” in 1885. Dicey focused on the British constitution, highlighting parliamentary
sovereignty and the rule of law as central principles. He emphasized Parliament´s unlimited authority in legislation and the importance of equality before the law, and individual rights protection.
What is the significance of Marbury v. Madison?
Marbury v. Madison from 1803, is a landmark case in American constitutional law, establishing judicial review and reshaping the balance of power among governmental branches. This decision emphasized the Constitution´s supremacy and highlighted the
judiciary´s vital role in upholding its principles, ensuring checks and balances envisioned by
the framers.
What are the three branches of government and how do their composition differ in the UK and the US?
Both the UK and the US have three branches of government: executive, legislative, and judicial. In the UK, the executive is led by the Prime Minister and the Cabinet, while Parliament, consisting of the House of Commons and the appointed House of Lords, forms the legislative branch. The judiciary is independent. In the US, the President heads the executive branch, while Congress, composed of the Senate and the House of Representatives, forms the legislative branch. The judicial branch, led by the Supreme Court, interprets the Constitution and laws.
What is meant by a “positive” or a “negative” constitution?
A positive constitution explicitly outlines governmental powers, individual duties, and rights, often through a written document like a constitution. It specifies the roles of each branch of government and citizen freedoms. Conversely, a negative constitution lacks detailed prescriptions on governmental authority, focusing on limiting government power and safeguarding individual liberties.
What is the “Bill of Rights” and what UK Documents corresponds to it?
The Bill of Rights is a foundational document in constitutional systems like the United States,
outlining citizens´ basic rights and curbing government powers. In the US, it specifically
refers to the first ten amendments to the Constitution, ensuring freedoms such as speech and religion. In the UK, a parallel document is the Human Rights Act from 1998, integrating rights from the European Convention on Human Rights into UK law.
