Parliament and Law-Making

Question 1

Explain what entrenchment is

Answer 1

• provision which make certain amendments either more difficult or impossible to pass

Question 2

Explain what superentrenchment is

Answer 2

-Even more severe form of entrenchment–> e.g: eternity clause

Question 3

List the types of super entrenchment

Answer 3

-substantive
-conditional
-temporal
-Basic structure

Question 4

Explain what substantive super entrenchment is

Answer 4

-eternity clause (never ever ever)

Question 5

Explain what conditional super entrenchment is

Answer 5

-cannot be amended under certain conditions

Question 6

Explain what temporal superentrenchment is

Answer 6

can’t change at certain times (they are delineated)

Question 7

Explain what basic structure superentrenchment is

Answer 7

-provision which says that an amendment should not change the basic structure of the Constitution

Question 8

List the functions of parliament

Answer 8

• Legislation/budget
  -Scrutiny/ holding to account
  -Representation/ legitimacy

Question 9

Explain the parliamentary function of representation/legitimacy

Answer 9

representation : 2 represent interests of populace
Legitimacy: democratic mandate

Question 10

What is the purpose of bicameralism

Answer 10

• system of checks and balances

Question 11

List the two types of electoral systems

Answer 11

-Majoritarian
-Proportional representation

Question 12

Explain the pros of a proportional representation system

Answer 12

-pluralism
-You can vote for what you first prefer
-few votes ‘lost’
-higher voter representation

Question 13

Explain the cons of a proportional representation system

Answer 13

• fragmented government
  -lots of compormises within gov.
  -slow process of gov. forming
• low threshold of entering gov.

Question 14

Explain the pros of a majoritarian system

Answer 14

-Clear outcomes
-perhaps easier to chose who you’re voting for (in contrast to having lots of other canditates to look at)
-higher threshold 2 enter gov.
- quicker forming of government

Question 15

Explain the cons of a Majoritarian system

Answer 15

-Many votes ‘go to waste’(e.g: for less popular canditates)
-Not much room for pluralism
-polarization
-Centripetal effect of fighting for votes in the middle
-fight for the undecided voters (cus there are more of them in this system and its they can’t vote for anyone)
-small changes in voting patterns may then lead to major changes in outcome
-doesn’t seem very fair

Question 16

Explain what constitutional efficacy is

Answer 16

–> how often/ faithfully the constitution is adhered to

Question 17

What are the aims of the rule of law

Answer 17

-predictability
-Prevent arbritrary exercist of power
- Power to execute a judge’s order (due execution)

Question 18

What are the elements of the rule of law

Answer 18

1. principle of legality
2. State-free sphere
   -limited/small government
   -(info) limitations of fundamental rights accessible and foresseable
   3.Separation of powers

Question 19

Explain the principle of legality

Answer 19

• rule of (only) law
  -rules equal for everyone
  -no unduly wide discretionary powers
  -prohibition of retroactive effect
  -publicly available (info)