Constitutional law Flashcards
DE Sources of constitution
German Basic Law and German Federal Election Act
UK Sources of constitution
Bill of Rights + Parliament Act + Election Act + Scotland Act
FR Sources of constitution
Constitution + Preamble of 1946 + Declaration of 1789 + Electoral Code
USA Sources of Constitution
Constitution
NL Sources of constitution
Charter for the Kingdom of NL + Constitution + Electoral Code
US Executive powers
President + Vice-President + Cabinet
USA Legislative powers
House of Representatives + Senate (so Congress)
USA Judiciary powers
Supreme Court + Federal Courts
FR executive powers
President + Prime Minister + Council of Ministers
FR Legislative powers
National Assembly + Senate
FR Judiciary powers
Court of Cassation + Council of State + Constitutional Council + High Council of Judiciary
DE executive powers
President + Chancellor + Federal Cabinet
DE Legislative powers
Bundestag (lower) + Bundesraat (upper)
DE judiciary powers
Supreme Court + Constitutional Court
NL executive powers
King + Prime Minister + Council of Ministers
NL legislative powers
First and Second Chambers
NL Judiciary powers
Supreme Court
UK Executive powers
King (ceremonial) + Prime Minister + Cabinet
UK Legislative powers
House of Commons and of Lords
UK judiciary powers
Supreme Court
US Form of state
Federal Republic
FR Form of state
Decentralised Unitary Republic
DE Form of state
Federal Republic
NL Form of state
Unitary decentralised monarchy
UK Form of state
Unitary Monarchy
US Form of Government
Presidential –> P. HoS + HoG
FR Form of Government
Semi-presidential –> P. HoS + PM HoG
DE Form of Government
Parliamentary –> P. HoS, Chanc. HoG
NL Form of Government
Parliamentary –> King HoS, PM HoG
UK Form of Government
Parliamentary –> King HoS, PM HoG
Rigid Constitution
Amendments require multiple levels to agree. Provides more protection for minorities.
Flexible Constitution
(UK) Can be amended through Ordinary Legislative Procedure
US Congress
HoR –> lower
Senate –> upper
FR Parliament
NA –> lower
Senate –> upper
DE Parliament
Bundestag –> lower
Bundesraat –> upper
NL Parliament
Second Chamber –> lower
First Chamber –> upper
UK Parliament
HoC –> lower
HoL –> upper
UK Parliamentary Sovereignty
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.
Checks and Balances
Separation of powers to prevent one branch from abusing its authorities or having too much power.
US Perfect Bicameralism
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.
FR Bicameral system
Parliament and Government are accountable to each other. NA: vote of no confidence, Gov: dissolve early term.
DE Bicameral system
Bundesraat can criticise the Bundestag and vice versa, meaning there’s balance of power.
UK Bicameral system
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.
NL Bicameral system
Second Chamber can reject legislation as well as vote no confidence (dissolve) on the Government.
EU State Form
International Organisation
EU Form of Government
Parliamentary
EU Head of State and Government
Presidents from Member States (27)
Monist Countries
NL + FR
Dualist Countries
DE + UK
US Qualified monism
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.
First-past-the-post election system
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.
Alternative vote election system
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).
Proportional representation election system
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.
US Judicial review
Decentralised: each court may carry out judicial review. Concrete ex-post.
DE Judicial review
Centralised: only a special Constitutional Court may carry out judicial review.
Concrete and abstract ex-post.
Abstract ex-post/ante review
Refers to judicial review before the law is applied in a specific case, therefore only refers to its constitutionality.
Concrete ex-post/ante
Refers to judicial review after a law has been applied in a specific case or context, often when someone challenges the law in court.
NL Judicial review
Not allowed.
FR Judicial review
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.
UK Judicial review
No judicial review is allowed due to Parliamentary Sovereignty.
UK Law Making Process
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.
Ranking of Heads of Government
- US
- DE
- UK
- FR
- NL
Ranking of Heads of States
- US
- FR
- DE
- UK
- NL
