Lecture 2: How law is made – the law and power Flashcards
Who gets to be the government that makes (imposes) laws?
The European Union (EU) and its countries are democracies
Adult citizens have a role, voting.
What defines who has the power to make laws?
The constitution
It also limits the government’s law-making powers.
What is the difference between hard law and soft law?
Hard law: Laws that must be followed and can be enforced in court. Soft law: Agreements or principles that are not legally binding
Often used in international settings, e.g., UN resolutions.
What does ‘a rule of law’ refer to?
A specific example of a primary or secondary law
It tells people what they can and cannot do.
What is ‘the rule of law’?
The idea that no one, including those in power, is above the law
Everyone must follow it.
What is the difference between form and substance?
Form means something looks good on the surface; substance means it might not work well in reality
Example: A country says ‘Everyone has free speech’ (form), but people get arrested for speaking against the government (substance).
What is legitimacy in the context of power and authority?
The perception of the rightful, just, or fair exercise of power
If power is seen as legitimate, it becomes authority.
What are the three types of authority?
- Charismatic: Based on a leader, unstable and short-lived
- Traditional: Based on inheritance, often seen as unfair today
- Legal-Rational: Based on law, stable and bureaucratic
What are the four main categories along the democracy spectrum?
- Full democracies: Civil rights and political freedoms thrive
- Flawed democracies: Fair elections exist, but issues remain
- Hybrid regimes: Elections are rigged and opposition is suppressed
- Authoritarian regimes: Opposition is restricted and rulers hold unchecked power
What is a civil law system?
Everything is based on written laws, not past cases or judge opinions
It can refer to the legal system or a specific area of law.
What is private law?
Regulates relationships between private individuals or companies
What is public law?
Regulates relationships between private persons and the state, or between state organs
