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constitutional law Flashcards

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1
Q

week 1

What is the aim of of constitutional law?

A

Seperate powers-> Limit powers of government -> Guarantee the rights of citizens.

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2
Q

week 1

what is the difference between narrow and broad constitutions?

A

NARROW: Constitution as a text – A specific (set of) written document(s)
BROAD: No limited set of documents that can be referred to as a constitution. Partly non-legal/ extra-legal norms (customs, conventions, practices)

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3
Q

week 1

what is a rigid constitution?

A

A constitution that is basically unamendable (for example- unamendable, referendum, 2/3 majority)

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4
Q

week 1

what is a flexible constitution?

A

an easily amendable constitution (simple majority,based on judicial review)

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5
Q

week 1

what is a hybrid constitution?

A

A constitution with flexible and rigid elements.

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6
Q

week 1

what is sovereignty?

A

the power to excercise authority over itself.

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7
Q

week 1

what is the difference between internal and external sovereignty?

A

**internal sovereignty: **
FREEDOM TO
source of public authority within a state.
external sovereignty:
FREEDOM FROM. A state to exercise control over its population and territory without interference from outside.

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8
Q

week 1

what sorts of sovereignty can there be in a country?

A
  1. royal sovereignty
  2. parliamentary sovereignty
  3. national sovereignty
  4. popular sovereignty
  5. state/ provincial sovereignty
    6. pluralistic sovereignty
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9
Q

week 2

what is the perfect seperation of powers?

A
  • No induvidual is a member of more than one branch (judicial, legislative, executive).
  • in practice no con. has perfected this.
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10
Q

week 2

What is the role of the legislative branch?

A

-check on executive branch
-making laws.

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11
Q

week 2

What is the role of the executive branch?

A
  • responsible for daily affairs of the state
  • internal-> execute laws, appoint officers, public budget.
  • external -> foreign affairs, militairy interventions, make treaties
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12
Q

week 2

what is the role of the judicary branch?

A

■ Symbolized by the courts -> supreme court is highest court
■ Interpretation of Legislation
■ Judicial Review of Legislation
■ Judicial Review of Treaty Law Compliance
■ Protection of human rights

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13
Q

week 2

what is judical review?

A

reviewing legislation/ action made by a public body to check for the constitutionality.

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14
Q

week 2

what kind of judicial review is there?

A
  1. Ex-ante review: review before it actually becomes law.
  2. Ex-post review: review of legislation already in force
  3. concrete review: the law is already ocassioned by an actual court dispute.
  4. abstract review: the law is already made but not ocassioned by an actual court dispute.
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15
Q

week 2

what kind of judicial systems are there?

A
  • centralized system: Only higher or specialized courts for
    judicial review
  • decentralized system: Judicial review possible also at lower
    courts
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16
Q

week 2

what kind of government systems are there?

A
  • presidential system
  • parliamentary presidential
    system
  • parliamentary monarchial system
  • monarchial system
17
Q

week 2

what are characteristics of presidental system?

A
  1. head of government is the president.
  2. own mandate and fixed term
  3. doesnt need support of parliament to stay in power
18
Q

week 2

What are characteristics of a parliamentary system?

A
  1. head of government is the Prime minister
  2. chosen by parliament
  3. accountable to parliament
  4. prime minister usually isnt head of state.
19
Q

week 2

what are characteristics of semi-presidential system

A
  1. mixed system
  2. president elected by popular vote
  3. prime minister elected by parliament.
  4. neither Pres. or parliament in full control of prime minister.
20
Q

week 3

what are characteristics of a federal state?

A
  • Constitution recognizes divided internal territories.
  • shared sovereignty
  • mainly bicameral parliaments
  • shared regional autonomy over Leg. Exe. Jud. Powers. regional powers also have seperation
21
Q

week 3

what are characteristics of an unitary state?

A
  • no constitutional recognition for divided territories.
  • centralized autonomy over seperated powers.
  • centralized sovereinty
  • mainly (NOT ALWAYS) unicameral parliaments.
22
Q

week 3

what is the difference between symmetrical and Assymetrical powers?

A

Symmetrical–> Autonomous powers are equal between different states.
Assymetrical –> Autonomous powers are different between state (ex- catalonia in spain)

23
Q

week 3

how does an unicameral parliament in an unitary state work?

A
  • there is one house of representatives and thats it.
24
Q

week 3

How does a bicameral parliament in unitary states work?

A
  • there is one house of representatives and one ‘chamber of reflection’ (eerste kamer in nederland)
25
Q

week 3

how does a bicameral parliament in federal states work?

A
  • one house of representatives
  • one house of representing states
    *
26
Q

week 4

what is a treaty?

A
  • an international agreement between states.
  • covers–> Human rights, trade, environment, relations etc.
27
Q

week 4

What is Dualism?

A

National Law and Treaties are seen as seperate. Treaty law first gets transposed (translated, interperted etc.) before it’s part of national law.

28
Q

week 4

What is monism?

A

when treaty is ratified it immediatly becomes part of national order without translation, interpretation needed.

29
Q

week 4

at what time does treaty become binding in dualism and when in monism?

A

monism: upon ratification of treaty
dualism: upon transpotion of norms

30
Q

week 4

which norm prevails in conflict of norms (dualism vs monsim)

A

monism- all international law is onto the same level.
dualism- depends per treaty, see case by case how a certain int. norm is implemented.

31
Q

week 5

what are oppurtinities for managing constitutional crises?

A
  • judicial review
  • international pressure
  • popular uprisings
  • elections
32
Q

week 5

what kind of international pressure can occur to solve constitutional crises?

A
  1. suspension of affiliation
  2. sanctions
  3. diplomatic interventions
  4. military actions (peace making)
33
Q

week 5

what are oppurtinities to solve a constitutional crises?

A
  1. Judicial review on proportionality
  2. international pressure/ involvement
  3. elections (if feasible)
  4. popular uprisings
34
Q

week 5

what is the difference between expressed and implied meaning?

A

expressed meaning-> the literal words, text, syntax
implied meaning-> text and structure
expressed meaning is supreme

35
Q

week 5

what happens during a state of emergency (constitutional crises)

A

-state of emergency happens when there is a special situation requiring quick action
-special powers to state agents.
-still seperation of powers but checks are softened.
CONSTITUTIONAL CRISIS =/= STATE OF EMERGENCY BUT MAY ARISE FROM IT.

36
Q

Week 5

what gets judically reviewed when they judicial review on SoP/ constitutional crisis

A

-they judicially review on the proportionality of events during SoP, because state agents may infringe constitutional rights but only through necessary and proportionate means to achieve legitimate public purpose.

questions that can be asked?
- Does the actor have proper standing to claim a justification?
* Was the right infringement necessary in achieving the stated
objective;
* Was the extent of infringement necessary (the principle of minimal
impairment

constitutional law (1 decks)

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