Horizontal Separation of Powers

Question 1

Describe what internal sovereignty is

Answer 1

• Absolute, indivisible, inalienable
  -?

Question 2

Explain what a constituted power is

Answer 2

• power which has been authorised to institutions
  -this power is limited and given by higher institution

Question 3

Explain what a constituent power is

Answer 3

Where the power lies (not to be confused with the source of sovereignty)
-sovereignty is assigned to it though

Question 4

What are the 5 basic forms of Government according to Plato

Answer 4

-Aristocracy/monarchy
-Timocracy
-Democracy
-Tyranny
-Oligarchy (government by the “happy few” or very rich)

Question 5

Explain what liberty is in the phrase “liberty,equality,fraternity” through the lens of popular sovereignty

Answer 5

-Liberty describes sovereignty over and in the state
-freedom to express the general will

Question 6

Explain what equality is in the phrase “liberty,equality,fraternity” through the lens of popular sovereignty

Answer 6

• describes equality as a precondition in this society
  -popular sovereignty requires equality so people can rule over themselves regardless of social class

Question 7

Explain fraternity in the phrase “liberty,equality,fraternity” through the lens of popular sovereignty

Answer 7

• the community (the popular sovereign, if you will) that rules itself

Question 8

Explain James Madison’s view on the separation of powers

Answer 8

• Was against the idea that separation of powers is sufficient to control gov. abuse of power
  -because:
  1. gov. ult. refl. of human nature
  -human nature susceptible to corruption
  -men not angels
  -if they were perfect no need for gov. / rules in general
  -if angels CONTROLLED men no need for internal or external (e.g: checks and balances) controls. on gov. would be necessary)
  -But angels do not do this
  -so + horizontal separation of powers (did not want accumulation of diff. powers) need to ensure there are mechanisms to prevent overstep

Question 9

Explain Locke’s two treatises of Government

Answer 9

-social contract:
-people conclude contract between each other
-civil society forms
-civil society concludes contract with gov to enforce:
-NATURAL RIGHTS

Question 10

What are the natural rights according to John Locke?

Answer 10

• rights to life
  -Liberty
  -property

Question 11

Who was the first person to conceptualise the idea of separation of powers?

Answer 11

-John Locke

Question 12

Explain Montesquieu’s conceptualisation of the separation of powers

Answer 12

Trias Politica
-Limited government
-Independence and interdependence
-Legislative, executive and judiciary

“le pouvoir arrete le pouvoir”

Question 13

Explain how the trias politica came into being

Answer 13

• De l’espirit des lois
  -Wanted to explain how the bri ish gov worked (locke was bri ish)
  -bad translation of Locke’s work

Question 14

Explain what Montesquieu meant by “Le Pouvoir arrete le pouvoir”

Answer 14

• Ambition (competence/power) must be maid to restrain ambition (competence/ power)

Question 15

Explain how a free mandate achieves an independent parliament

Answer 15

• Free mandate = no one can tell you how 2 vote
  -party doesn’t control

Question 16

List the ways a free (independent) parliament is achieved

Answer 16

• free mandate
  -bicameralism
  -immunity
  -incompatibility
• motion of no confidence

Question 17

Explain how bicameralism achieves an effective parliament

Answer 17

• Counterbalances the other house
  -e.g: constitutional oversight, think about how legislation fits into legal system as a whole, interests of the subunits
  -legislation can be passed taking into consideration of other interests

Question 18

Explain how immunity achieves an independent parliament

Answer 18

• prevents ppl from voting because they’re scared of being unfairly prosecuted
  -prevent executive + judiciary overstepping

Question 19

Explain how incompatibility allows for separation of powers

Answer 19

• can’t be MP and have certain positions
• prevent power from being accumulated too much in one place

Question 20

List the ways the independence of the executive branch is achieved

Answer 20

• Autonomous competences
  -Immunity

Question 21

List the ways the independence (and impartiality) of the judicial branch is achieved

Answer 21

-Life terms
-Specialised constitutional court
-incompatibilities

Question 22

Explain the differences between a traditional parliamentary system and a a traditional presidential system

Answer 22

-ps: rule of confidence
-pre: no rule of confidence

-ps: no direct election of executive
-pre: direct election of president

Question 23

Explain the form a semi-presidential system often takes

Answer 23

• direct election of president
  -but accountable to rule of confidence
  -gov reflects parliament?