Laws, Constitutions, and federalism Flashcards
Law and Politics
*“Law- boundedness” is a major feature of the modern state
*Western model was in some cases radically contrary to existing forms of governance
Indigenous Governance
*Overlapping Territories: Not based on Western ideas of sovereignty but on shared, overlapping territories.
*Distinct Constitutional Orders: Each Indigenous nation has its own teachings, laws, and political systems, often passed down through oral traditions.
*Different Approaches to Sovereignty: Some groups seek greater rights within nation-states, while others challenge the idea of state sovereignty itself.
African Chieftancy
Traditional Leadership:
*Chiefs guide communities based on customs and spiritual authority, not written laws.
*Chiefs operate in a hierarchy (village, district, region) and consult elders or councils for decisions.
Modern Role:
*In some countries (e.g., Ghana, Botswana), chieftaincy works with modern governments, linking local communities to the state.
Western Tradition
*Written Constitutions: Formal, written documents that outline laws, rights, and government structures.
*Fixed Sovereignty: State holds exclusive authority over a defined territory, based on the principle of sovereignty, monopoly of coercion.
*Rule of Law: Written, codified, laws applied equally, aiming for predictability and accountability.
*Separation of Powers: Between branches (executive,legislative, judiciary) to prevent abuses.
The Legalization of Politics
*From personal→institutional
*Charters and constitutions limit power
*Federalism limits concentration of powers
*Limits on power are a core principle of liberalism and the liberal social contract theory
The Rule of Law
Everyone in society is expected to obey the law and is considered equal before it
Constitutions & Constitutionalism
*Constitutions define a state’s basic structure
*Constitutionalism limits powers and guarantees fundamental rights
federalism
*Power divided between different authorities, levels
*Each has sovereignty within its own sphere of responsibilities
*Overseen by national authority (e.g., Supreme Court)
