Judiciary and Federalism

Question 1

what is Trias Politica?

Answer 1

separation of powers

Question 2

what are the three main powers to be separated?

Answer 2

1. legislative branch
2. executive branch
3. judicial branch

Question 3

what does the legislative branch do?

Answer 3

makes laws and checks government

Question 4

what does the executive branch do?

Answer 4

puts laws into operation

Question 5

what does the judicial branch do?

Answer 5

interprets laws

Question 6

what is judicial activism?

Answer 6

judges should be more willing to enter the political system and influence it according to their political view

Question 7

what are constitutions?

Answer 7

a body of meta-norms which specify how all other legal rules are to be produced, applied, enforced and interpreted

Question 8

what are the different classifications of constitutions?

Answer 8

codified vs. uncodified constitutions
rigid vs. flexible constitutions

Question 9

what is the difference between codified and uncodified constitutions?

Answer 9

codified: contained in a single document
uncodified: consists of several different sources

Question 10

what is the difference between rigid and flexible constitutions?

Answer 10

rigid: difficult to change
flexible: easy to change

Question 11

what is meant by constitutional rule?

Answer 11

a commitment of the political community to accept and obey the constitution

Question 12

what are the two different types of judicial reviews?

Answer 12

1. ordinary judicial review
2. special judicial review

Question 13

what is ordinary judicial review? what are its characteristics?

Answer 13

-decentralised (all judges)
-supreme court (general jurisdiction)
-concrete review

Question 14

what is special judicial review? what are its characteristics?

Answer 14

-centralised (special judges)
-constitutional court (special jurisdiction)
-abstract review

Question 15

which two factors influence the power of judiciary?

Answer 15

1. legal doctrine of a country
2. control of judicial appointments

Question 16

how does the legal doctrine of a country influence the power of judiciary?

Answer 16

-legislative supremacy / parliamentary sovereignty
-supremacy of the constitution

Question 17

how does the control of judicial appointments influence the power of judiciary?

Answer 17

-are supreme/constitutional court judges appointed or elected or co-opted?

-are they for short or long or for life periods?

Question 18

what are the five different levels of governance?

Answer 18

1. supranational (IOs)
2. national (governments)
3. regional (states/provinces)
4. local (cities/municipalities)
5. sub-local (neighbourhoods/communities)

Question 19

on the basis of division of power, which three main categories can modern states be divided into?

Answer 19

1. federal states
2. confederal states
3. unitary states

Question 20

what are the three key features of federal states?

Answer 20

1. legal sovereignty is shared between the federal government and the constituent states/regions
2. Powers of constituent units are entrenched in the constitution
3. states/regions are represented in an upper chamber of the assembly

Question 21

what are some examples of federal states?

Answer 21

United States, Germany, Switzerland

Question 22

what are the four key distinctive features of federalism that separate different types of federal states?

Answer 22

1. dual vs. cooperative
2. symmetric vs. asymmetric
3. bottom-up vs. top-down
4. territorial vs. non-territorial

Question 23

what are confederal states?

Answer 23

-loose-knit operation between sovereign states
-weaker forms of federations

Question 24

what are some examples of confederal states?

Answer 24

no modern examples exist, the US was one when it was first formed

Question 25

what are unitary states?

Answer 25

legal sovereignty rests exclusively with the central government

Question 26

what are the three different aspects in the distribution of power in unitary states?

Answer 26

1. deconcentration
2. decentralisation
3. devolution

Question 27

what is meant by deconcentration?

Answer 27

Central government functions executed by bureaucrats/staff in cities, towns, etc.

Question 28

what is meant by decentralisation?

Answer 28

Central government functions executed by subnational government

Question 29

what is meant by devolution?

Answer 29

Process where central government gives decision-making authority to different regions (powers can be taken away at any time)

Question 30

what are some examples of unitary states?

Answer 30

United Kingdom, France, Turkey