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Exams period 1 > Constitutional law > Flashcards

Constitutional law Flashcards

1
Q

DE Sources of constitution

A

German Basic Law and German Federal Election Act

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2
Q

UK Sources of constitution

A

Bill of Rights + Parliament Act + Election Act + Scotland Act

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3
Q

FR Sources of constitution

A

Constitution + Preamble of 1946 + Declaration of 1789 + Electoral Code

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4
Q

USA Sources of Constitution

A

Constitution

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5
Q

NL Sources of constitution

A

Charter for the Kingdom of NL + Constitution + Electoral Code

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6
Q

US Executive powers

A

President + Vice-President + Cabinet

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7
Q

USA Legislative powers

A

House of Representatives + Senate (so Congress)

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8
Q

USA Judiciary powers

A

Supreme Court + Federal Courts

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9
Q

FR executive powers

A

President + Prime Minister + Council of Ministers

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10
Q

FR Legislative powers

A

National Assembly + Senate

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11
Q

FR Judiciary powers

A

Court of Cassation + Council of State + Constitutional Council + High Council of Judiciary

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12
Q

DE executive powers

A

President + Chancellor + Federal Cabinet

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13
Q

DE Legislative powers

A

Bundestag (lower) + Bundesraat (upper)

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14
Q

DE judiciary powers

A

Supreme Court + Constitutional Court

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15
Q

NL executive powers

A

King + Prime Minister + Council of Ministers

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16
Q

NL legislative powers

A

First and Second Chambers

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17
Q

NL Judiciary powers

A

Supreme Court

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18
Q

UK Executive powers

A

King (ceremonial) + Prime Minister + Cabinet

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19
Q

UK Legislative powers

A

House of Commons and of Lords

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20
Q

UK judiciary powers

A

Supreme Court

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21
Q

US Form of state

A

Federal Republic

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22
Q

FR Form of state

A

Decentralised Unitary Republic

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23
Q

DE Form of state

A

Federal Republic

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24
Q

NL Form of state

A

Unitary decentralised monarchy

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25
Q

UK Form of state

A

Unitary Monarchy

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26
Q

US Form of Government

A

Presidential –> P. HoS + HoG

27
Q

FR Form of Government

A

Semi-presidential –> P. HoS + PM HoG

28
Q

DE Form of Government

A

Parliamentary –> P. HoS, Chanc. HoG

29
Q

NL Form of Government

A

Parliamentary –> King HoS, PM HoG

30
Q

UK Form of Government

A

Parliamentary –> King HoS, PM HoG

31
Q

Rigid Constitution

A

Amendments require multiple levels to agree. Provides more protection for minorities.

32
Q

Flexible Constitution

A

(UK) Can be amended through Ordinary Legislative Procedure

33
Q

US Congress

A

HoR –> lower
Senate –> upper

34
Q

FR Parliament

A

NA –> lower
Senate –> upper

35
Q

DE Parliament

A

Bundestag –> lower
Bundesraat –> upper

36
Q

NL Parliament

A

Second Chamber –> lower
First Chamber –> upper

37
Q

UK Parliament

A

HoC –> lower
HoL –> upper

38
Q

UK Parliamentary Sovereignty

A

Makes Parliament the Supreme legal authority which can create, end or amend any law –> Supremacy of Acts of Parliament.
Courts cannot question the validity of Acts of Parliament.

39
Q

Checks and Balances

A

Separation of powers to prevent one branch from abusing its authorities or having too much power.

40
Q

US Perfect Bicameralism

A

Both Chambers of Congress share equal law-making powers, meaning they both have to approve a bill for it to become law.
President can counterbalance the Congress through a veto, which can be overridden by 2/3 majority of members present in both chambers.

41
Q

FR Bicameral system

A

Parliament and Government are accountable to each other. NA: vote of no confidence, Gov: dissolve early term.

42
Q

DE Bicameral system

A

Bundesraat can criticise the Bundestag and vice versa, meaning there’s balance of power.

43
Q

UK Bicameral system

A

Gov. is accountable to Parliament, tho the former is composed of Members of Parliament, meaning the 2 are closely linked together –> less checks and balances.

44
Q

NL Bicameral system

A

Second Chamber can reject legislation as well as vote no confidence (dissolve) on the Government.

45
Q

EU State Form

A

International Organisation

46
Q

EU Form of Government

A

Parliamentary

47
Q

EU Head of State and Government

A

Presidents from Member States (27)

48
Q

Monist Countries

A

NL + FR

49
Q

Dualist Countries

A

DE + UK

50
Q

US Qualified monism

A

Traty provisions can only be applied directly as long as they are self-executing, meaning they automatically create rights on the citizens.
Otherwise, the lex posterior rule applies: Statutes made later can override previous treaty provisions.

51
Q

First-past-the-post election system

A

A candidate must receive more votes than anyone else, even in lack of majority (50% + 1).
If not during the first round, a run-off system is used.

52
Q

Alternative vote election system

A

Voters rank candidates. If no candidates reaches 50% + 1 majority in first round, the last one is eliminated and the second choice of who voted for him is redistributed (less wasted votes).

53
Q

Proportional representation election system

A

Each political party receives the same percentage of seats in Parliament as the votes received (less wasted votes).
Mixed-member –> some seats are filled by direct election while others by this system.

54
Q

US Judicial review

A

Decentralised: each court may carry out judicial review. Concrete ex-post.

55
Q

DE Judicial review

A

Centralised: only a special Constitutional Court may carry out judicial review.
Concrete and abstract ex-post.

56
Q

Abstract ex-post/ante review

A

Refers to judicial review before the law is applied in a specific case, therefore only refers to its constitutionality.

57
Q

Concrete ex-post/ante

A

Refers to judicial review after a law has been applied in a specific case or context, often when someone challenges the law in court.

58
Q

NL Judicial review

A

Not allowed.

59
Q

FR Judicial review

A

Decentralised, each court may carry out judicial review.
Abstract ex-ante as well as concrete ex-post.
Organic Statutes: obligatory constitutional review. Regular Statutes: optional constitutional review.

60
Q

UK Judicial review

A

No judicial review is allowed due to Parliamentary Sovereignty.

61
Q

UK Law Making Process

A

Right of initiative: both Chambers.
5 stages:
1. First reading
2. Second reading
3. Committee Stage
4. Report Stage
5. Third reading
The bill goes through each state in the Chambers at different times, first in the one which proposed it.
If there are no amendments, the bill is referred for royal assent. If amendments, the ping-pong procedure proceeds until an agreement is reached.

62
Q

Ranking of Heads of Government

A
  1. US
  2. DE
  3. UK
  4. FR
  5. NL
63
Q

Ranking of Heads of States

A
  1. US
  2. FR
  3. DE
  4. UK
  5. NL

Exams period 1 (8 decks)

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