chapter 3 Flashcards
constitutional law
regulates and restricts the attribution of power within a state.
social contract
European philosophers argued that in a society, citizens willingly gave up part of their sovereignty to the authority of the state. in exchange, citizens could benefit from a safe and secure society. it is the authority’s job to maintain this. when authorities exceed or abuse their powers, citizens would have the right to stand up against their rulers.
negative freedom/government abstaining
means that one is free to do whatever he wants, without any interference.
positive freedom/government interference
means that as a result of interference one has the opportunity to better give direction to his life. positive expresses the existence of interference in the life of a citizen.
trias politica
the organisation of a state by separating legislative, executive, and judicial powers. this was argued by Montesquieu.
legislature
responsible for law making.
executive branch
responsible for executing the law in practice. usually the government led by a president or prime minister. it has to act in compliance with the laws of the legislature, but usually has a certain margin of discretion in how to execute these laws.
judiciary
responsible in settling legal disputes.
state structure
the way power is distributed amongst the entities of a state.
federation
a state that unites federated areas that are self-governing within the boundaries set by the federation. such entities can be provinces, states, cities, etc. the autonomy differs per federation and is mostly determined in the constitution of the federation.
unitary state
a centrally organised state in which all power is vested in national political institutions. the legislature, executive branch, and judiciary are centrally focussed and have exclusive power to ultimately deal with the adoption, execution, and interpretation of the law.
government system
the way in which power is distributed amongst the political institutions of a state.
Constitutional Court
may be established as a solution to tensions between legislators of federated entities and the federal legislation, especially when there is uncertainty about the exact limits of their jurisdiction. the court amongst others settles disputes between these different legislators. the primary competence is to review legislation against the constitution.
monarchy
a state in which the highest power is vested in and distributed from one person or a group of persons. it is a government system.
republic
a state in which the highest power is attributed to political bodies that rule within the boundaries of a constitution and is headed by a president. the highest legislative power is authorised by the constitution and consists of a body that represents the people.
democracy
a form of government in which the highest power is vested in the people that are governed. this means that the people decide who represents them in decision-making processes. mostly, the judiciary is appointed by the legislature or the executive branch.
bi-cameral system
where the legislative branch is composed of two houses: an upper house and a lower house.
unicameral system
where the legislative branch is composed of one house.
principles of good governance
‘rules of the game’ to which an executive branch should commit. they vary per legal system, but usually include legitimacy, accountability, and fairness.
district courts
courts of first instance that rule on most civil and criminal law cases. it is the lowest level of the judiciary.
intermediate courts/appellate courts
serve as a court of appeal against decisions of the district courts. it is the middle layer of the judiciary.
Supreme Court
functions as a court of last instance.
