Lecture 3 Constitutional Law Flashcards
constitutional law
contains rules on the organization of the state, on the powers that state organs possess, and on the relation between these organs. The constitution is generally found in a central written document.
entrenchment
a difficult procedure to change the constitution.
sovereignty
the people are the only source of power.
internal sovereignty
capability to maintain control within borders
external sovereignty
capability to defend territory against foreign intrusion
nation state
state with people that share common characteristics
is the EU a sovereign state?
no. It has both state and non-state characteristics, making it a type of hybrid.
unitary state
all state powers reside in one central government authority.
federation
state powers are divided between the organs of the state (federal level) and the organs of the subunits (regional level).
confederation
participating entities effectively remain sovereign states in their own right.
what is a state?
an organization that is able to control a territory and the people living in it. This control is to maintain law and order within its borders and to defend it against the outside world.
failed state
a state that doesn’t manage to exercise effective internal control and does not meet the criteria of statehood.
independence of the courts
judges should come to a decision independently, and government cannot put pressure on judges to decide a certain way.
objective impartiality
judges should not have any interest in the outcome of a particular case.
subjective impartiality
judges should not favor one party over the other.
