Constitutional Law Flashcards
What is constitutional law
The branch of law that regulates the state itself
Sources of Constitutional Law
- Constitution
- Case law
- Customs
- Entrenchment
What is Entrenchment? (Verankerung)
Most written constitutional documents can only be amended through difficult, special procedures often involving special majorities.
An entrenched constitution is called rigid
Internal sovereignty
Ability of the state as highest power to maintain law and order inside its own borders
The people
In a system that is based on popular sovereignty the people are bound by laws that are made on the basis of a constitution that was enacted in the name of the people itself
Secession (Abspaltung/Trennung)
When a state is not able to upheld its internal sovereignty the secession of a part of a state is the only option and thereby a new state is born
Failed State
If a state does not meet the criteria of statehood it’s called failed state
External Sovereignty
A state is independent of other states and other states are not authorized to interact into internal affairs of a sovereign state
Absolutism
An absolute ruler free from laws
Unitary States
In a unitary state all states power ultimately resides in one central government authority
Federations
In a federation state power is divided between the organs of the central state (federal level) and the organs of the subunits (regional level)
Confederations
When a group of nations form an alliance, allowing each member to govern itself but agree to work together for common causes
State functions by Montesquieu
- legislation
- administration
- adjudication
Trial Politica
- legislature
- executive
- judiciary
Forms of Governments
- Parliamentary system
- Presidential system
- Semi presidential system
