Chapter 2: Legitimacy, constitutionalism and political culture Flashcards
What is the relationship between legitimacy and constitutionalism?
Constitutionalism promotes the idea that legal limits of government power are essential to legitimate government, with written constitutions playing a crucial role in limiting and legitimizing state power.
What is liberal constitutionalism?
Liberal constitutionalism emphasizes individual rights, majority rule, and the protection of rights against state power, drawing on theories of limited government by thinkers like Locke, Rousseau, and Hobbes.
How does the US Constitution exemplify liberal constitutionalism?
The US Constitution emphasizes the rule of law, judicial review, and the concept of fundamental law, with the judiciary playing a central role in safeguarding individual rights and limiting government power.
What historical shortcomings does the US Constitution acknowledge?
The US Constitution has historical shortcomings such as slavery and racial discrimination, but its emphasis on civil rights has become widely accepted over time, reflecting the enduring influence of constitutional principle
What was the European tendency regarding the distribution of power between the legislature and the executive?
After 1800, European constitutions tended to give more power to the legislature than to the executive, with democratic parliamentarianism designed to give government popular backing rather than to limit it through checks-and-balances.
What were some of the pressures that European parliamentary systems faced in the inter-war period?
European parliamentary systems faced pressures such as the radicalization of the Left after the Bolshevik revolution, the rejection of parliamentary processes by conservatives in favor of authoritarianism, and the rise of Hitler and subsequent authoritarian rule in many European states.
How did the abuses of individual and minority rights during the Second World War lead to a shift in emphasis after 1945?
The abuses of individual and minority rights during the Second World War led to a shift towards emphasizing the judicial protection of rights in Europe, exemplified by documents like the Basic Law of the Federal Republic of Germany, which established strong commitments to democracy and human rights.
What role did the American conception of the constitution play in post-1945 European political arrangements?
After 1945, the victorious Allied powers, notably the USA, insisted that Western European countries accept a more powerful concept of independent law enforcement, leading to the establishment of powerful constitutional courts and the acceptance of the European Court of Justice in Europe.
How did international political cooperation, such as the development of the European Union, impact national sovereignty and parliamentary systems?
International political cooperation, including the development of the European Union, placed limits on national sovereignty and parliamentary systems, as countries had to adhere to international legal norms and agreements that often limited their sovereignty.
How did constitutions symbolize fundamental transitions in the life of nations, according to Ackerman (1997)?
Constitutions symbolized fundamental transitions by marking achievements such as independence, renouncing past regimes, and committing states to new values. Examples include India’s constitution after decolonization and Germany’s Basic Law after the collapse of totalitarian rule.
What are the two primary roles of the judiciary in democratic systems?
The two primary roles of the judiciary in democratic systems are to ensure that the law is obeyed and to engage in judicial review, where judges may declare laws unconstitutional.
How does judicial review function, and what role does it play in modern democracies?
Judicial review allows judges to declare laws unconstitutional, providing a check on legislative power. It allows aggrieved citizens to seek redress if they believe their rights have been violated and often leads to significant decisions on key issues of the day
What is the “counter-majoritarian” nature of judicial review, and what concerns does it raise?
The “counter-majoritarian” nature of judicial review refers to the fact that unelected judges can overturn decisions made by popularly elected legislatures. While it serves as a check on legislative power, frequent use can lead to accusations of bias or political interference.
How do constitutions limit democracy, and what challenges does this pose?
Constitutions place limits on majority rule and can prevent progressive legislation from being passed. They can be difficult to change and may impose the values of one generation on subsequent ones, potentially removing certain issues from public debate and stalling societal progress
According to Ackerman (1997), what are the two dominant forms of constitutionalism?
The two dominant forms of constitutionalism identified by Ackerman are the classic western tradition, which focuses on protecting individual rights, and an alternative tradition that emphasizes the importance of ‘nations’ as political communities with a common culture.
