begrippen week 2

Question 1

constitution

Answer 1

a set of fundamental laws that determines the central institutions and offices, and powers and duties of the state.→defines the particular configuration of institutions in any given state.

Question 2

executive power

Answer 2

The branch of government mainly responsible for initiating government action, making and implementing public policy, and coordinating the activities of the state. 3 functions

1. decision making: initiating government action and formulating public policy
2. implementation: implement their policies, which means they must also run the main departments and bureaucracies of the state
3. coordination: coordination and integration of the complex affairs of state

Question 3

legislative power

Answer 3

The branch of government mainly responsible for discussing and passing legislation, and keeping watch on the executive.
Assemblies, parliaments etc: bodies of elected representatives who meet to discuss public affairs. Unicameralism vs bicameralism

Question 4

unicameralism vs bicameralism

Answer 4

uni = one chamber
bi = two chambers
bicamaralism:
strong: 2 chambers have equal powers
weak: one chamber is more powerful than the other

Question 5

judiciary branch

Answer 5

The branch of government mainly responsible for the authoritative interpretation and application of law.

Question 6

judicial review

Answer 6

he binding power of the courts provide an authoritative interpretation of laws, including constitutional law, and to overturn executive or legislative actions they hold to be illegal or unconstitutional.

Question 7

judicial activism

Answer 7

involves the courts taking a broad and active view of their role as interpreters of the constitution and reviewers of executive and legislative action

Question 8

ombudsman

Answer 8

a state official appointed to receive complaints and investigate claims about maladministration

Question 9

federal state

Answer 9

combine a central authority with a degree of constitutionally defined autonomy for sub-central, territorial units of governments

Question 10

unitary state

Answer 10

the central government is the only sovereign body. It does not share constitutional authority with any sub-central units of government

Question 11

‘old constitutionalism’

Answer 11

Being descriptive and legalistic rather than analytical→criticized. Many constitutions so carefully designed collapsed and gave way to dictatorship etc.

Question 12

New constitutionalism

Answer 12

1. Protection of citizens’ rights and the limitation of government powers – the classical concerns of constitutional theory.
2. A concern with balancing the limited powers and maximum accountability of government.
3. Attempt to adapt the constitutional design of a country to its social and economic circumstances.

Question 13

‘mobilization of bias’

Answer 13

all organizations have a built-in capacity to do some things better than others, which may well serve some interests better than others

Question 14

marxist structural theory

Answer 14

Early form of institutional and structural analysis was the capitalist state of Marx. According to Marx, capitalists create and use institutions of the state for their own purposes. The constitution is a tool for the ruling class to maintain the political powers it needs to manage the capitalist system.

Question 15

3 types of government systems

Answer 15

1. presidential
2. parliamentary
3. semi-presidential

Question 16

presidential system

Answer 16

a directly elected executive, with a limited term of office and a general responsibility for the affairs of the state.
4 main features
- head of state and government
- the execution policy: appoint cabinets to advise them and run the main state bureaucracies
- dependence on legislative branch: presidents initiate legislation but depend on the legislature to pass it into law
- fixed tenure: one or two terms of office or removed by legislature

Question 17

directly elected

Answer 17

election by the electorate as a a whole (popular election) rather than the legislature or another body.

Question 18

parliamentary systems

Answer 18

These have (1) a directly elected legislative body, (2) fused executive and legislative institutions, (3) a collective executive that emerges from the legislature and is responsible to it, and (4) a separation of head of state and head of government.

Question 19

collective responsibility

Answer 19

the principle that decisions and policies of the cabinet or council are binding on all members who must support them in public.

Question 20

presidentialisation

Answer 20

the process of increasingly concentrating political power and autonomy in the hand of the executive, especially its head.

Question 21

semi-presidential system

Answer 21

Government consists of a directly elected president, the electorate, and a prime minister who is appointed by the president from the elected legislature and accountable to it. The president and prime-minister share executive power. President has powers to:

• appoint prime ministers from the elected assembly and to dismiss them
• dissolve parliament and call a referendum
• declare a state of emergency and is given substantial powers to deal with

Question 22

immobilism

Answer 22

the state of being unable to move (immobilised) or unable to take decisions or implement policies.

Question 23

confederation

Answer 23

is NOT a federation. Organisations whose members lend some powers to a body that manages affairs and common interest, while retaining their own independence.

Question 24

Supra-national government:

Answer 24

organisations in which countries pool their sovereignty on certain matters to allow joint decision-making.
EU: hybrid of confederal and federal features.

Question 25

Cooperative federalism:

Answer 25

federal and state government share powers and are required to cooperate closely. (Switzerland)

Question 26

dual system

Answer 26

clearer separation of functions and powers (USA) with each level of government having its own sphere of competence.

Question 27

devolution

Answer 27

occurs when higher levels of government grant decision-making powers to lower levels while maintaining their constitutionally subordinate status

Question 28

subsidiarity principle

Answer 28

the principle that decisions should be taken at the lowest possible level of government – that is, at the level closest to the people affected by the decisions. Usually the term subsidiarity is used in connection with the territorial decentralisation of government, but it is not limited to this form.

Question 29

representation within EU

Answer 29

• Citizens are represented by EP (direct elections)
• MS are represented in the European Council (Heads of state and government of MS) and Council of Ministers (representatives at ministerial level)
• interests of EU as a whole are protected by the Commission, Court and ECB

Question 30

EU, intergovernmental institutions

Answer 30

EU institutions that represent the MS: European Council.

Question 31

EU Supranational institutions

Answer 31

all those EU institutions that represent the general interest of the EU (Commission, Court etc).

Question 32

Executives EU

Answer 32

European Council: provides political direction and represents EU externally in its relations with other organizations
Council: implementing policies
Commission: all 3 executive roles: initiates legislation, implements policies and represents EU externally
ECB: implements monetary policy in the MS that have the Euro as their currency

Question 33

legislative EU

Answer 33

Parliament and the Council. examining, modifying and adopting legislation measures which provide the basis for EU policies

Question 34

judicial EU

Answer 34

interpretation of EU law as well as the adjudication of conflicts involving EU institutions, MS and all other parties. in hands of ECJ

Question 35

European Council

Answer 35

Heads of government and heads of state
not allowed to vote: president of EC, high representative of Union for Foreign Affairs and Security Policy, president of commission

Question 36

tasks of the European council

Answer 36

providing political direction: set out EU agenda, problem solver and ultimate arbiter, treaty revisions, appointments. 4 meetings a year, decisions are made by consensus

Question 37

the council / the council of ministers

Answer 37

governments can decide who they send as long as it is someone at the ministerial leve. can also be a permanent representative: mb’s ambassadors to the EU who reside in Brussels and prepare much of the work of the Eu council and Council

Question 38

tasks of the council / council of ministers

Answer 38

co-legislator with the EP. concludes international agreements with thirds countries and international bodies. executive role: responsible for EU’s external relations through the CFSP

Question 39

committee of permanent representatives (coreper)

Answer 39

committee of permanent representatives. highest preparatory body for meetings of the Council and European Council

Question 40

the Commission

Answer 40

executie tasks. promote the general interest of the Union. headed by college of Commissioners.

• preparing and initiating legislation
• implementing policies
• external representation
• guardian of treaties

Question 41

European Parliament

Answer 41

Powers:
1. Budgetary powers
2. Legislative powers
3. Scrutiny of the executive (can ask questions to EP, Commission, Council,
submit cases to ECJ)
4. Appointment and dismissal of the Commission (president of the Commission)
(College of Commissioners, and can also send away the full Commission)

Question 42

parliamentary committee

Answer 42

subdivision of Parliament dealing with specific policy areas. Prepares and debates before sending them to full, plenary Parliament for final decision-making. EP has 20 standing committees each focusing on specific policy area

Question 43

rapporteur

Answer 43

member of Parliament responsible for summarizing a committee’s opinion and its modification proposals on a specific piece of legislation.

Question 44

Court of Justice

Answer 44

legislative powers
tasks
- reviewing the legality of acts
- establishing infringements. infringement procedures: legal procedure ste in motion against a MS if it does not comply with EU legislation
- giving preliminary rulings: advise courts in MS on cases which touch upon EU law.

Question 45

action for annulment

Answer 45

case brought before the Court of Justice in which an interested party asks the Court to declare a decision by any of the EU’s institutions to be void.

Question 46

ECB

Answer 46

Conducting the EU’s monetary policy
- Maintaining the financial stability of the Eurozone system
- Conducting foreign exchange operations and maintaining the Eurozone’s
foreign reserves.

Question 47

majoritarian system

Answer 47

seek to concentrate executive power on and put relatively few constraints on its exercise. These political systems value the ability to actually govern over the need to secure the consent of all interested parties.

Question 48

consensual political system

Answer 48

institutions have been designed in such a way that they disperse power and restrain its use. Strong emphasis on ensuring broad support for policies.→EU fits into this category.