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Constitutional Systems > Power, State, and Constitution > Flashcards

Power, State, and Constitution Flashcards

1
Q

What are the three elements of the state?

A

Power, territory, and people

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2
Q

The search of power

A

It is indefinite and its yields are increasing

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3
Q

What did Hobbes say in relation to power?

A

Men seek to increase their power indefinitely

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4
Q

What is the greatest human power?

A

It is the mix of powers of most men, united by consent in one person, natural or civil that has the use of all their powers depending on his will i.e.: State

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5
Q

To attach the powers of pwople by buying them?

A

Does not everybody have a price?

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6
Q

What did Hobbes say about work?

A

Work can be exchanged like any other good

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7
Q

What is the value of a person?

A

It is the price to pay for their power

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8
Q

What is a State?

A

It is a territorial society organized according to law, and endowed with a power qualified as sovereign

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9
Q

Most significant qualifications of the State

A

Corporate and territorial qualifications as well as its character of power and domination

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10
Q

Process of formation of the state

A

Began in the Middle Ages with the feudal system; Moden Age, Machiavelli introduced the term “State” to refer to the Renaissance political organization; after that it was the bourgeoisie with the support of the Monarch

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11
Q

Stages of the State Evolution

A
  1. Absolutist monarchical state
  2. State of illustrated despotism
  3. The liberal state of law
  4. The demoliberal state
  5. The democratic and social state
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12
Q

What did Heller say in relation to the territory as an element of the State

A

Any territory with political effects has a group of people that exercises public power

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13
Q

What did Jelinek say in relation to the territory as an element of the State?

A

The territory acts, inwardly, as an element of national awareness

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14
Q

The power as an element of the State

A

The power of the state greatly depends on strength, coercion, and consent; and on the citizens’ awareness that its commands are right for the common interests. When based on force alone, as in a dictatorship, it is only a factual power. It lacks the element of consent that is the one that ultimately legitimates power and converts it into power of law.

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15
Q

Who was Bodino?

A

The exponent of the concept of sovereignty proper to absolutism in the book “The six books of the Republic”

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16
Q

What is a sovereign power in terms of an absolutist monarchy?

A

A sovereign power is that which is absolute, perpetual, original, invisible, and inalienable, such as that of notes that ratify the desires of a monarch. Such a note justifies the essence of the monarch’s power and the use of it.

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17
Q

What are some aspects that determine if a State is sovereign or not?

A

The right to coin money, to make war or peace or to create a new taxation are faithful exponents of the sovereign power to command, which are generally preached by the one who enjoys ius legistationis, the right to legislate.

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18
Q

What did Sièyes say about sovereignty?

A

Sovereignty resides in the nation

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19
Q

What did Rousseau say about sovereignty?

A

Sovereignty resides in the people

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20
Q

What is the current status of sovereignty?

A

In present day, the tension between national and popular sovereignty can be considered to be overcome by the universal admission of suffrage as a right, which makes sovereignty universal.

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21
Q

What are the three main authors of the Absolut State?

A

Machiavelli Bodino, and Hobbes

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22
Q

Which book did Machiavelli write?

A

The Prince

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23
Q

Who first introduced the term of State?

A

Machiavelli

24
Q

What is the definition of State according to Machiavelli

A

What remains against the dynamism that characterizes political events

25
Q

What are the two types of rulers according to Machiavelli?

A

The virtuous and the fortunate

26
Q

Famous quote of Hobbes

A

Man is a wolf to a man

27
Q

How does Hobbes justify the absolute state?

A

He sais that it appears as a result of a social contract by virtue of which all people renounce, by means of a general assignment, to their rights in order that the State guarantee them their safety

28
Q

What are the Spanish authors of the Absolute State Theory?

A

Francisco de Vitoria, Francisco Suarez, and Juan de Mariana

29
Q

Francisco de Vitoria’s point of view

A

The power of the king under the general interest and the divine law

30
Q

Francisco Suarez’s point of view

A

He differentiated the mediate origin of power, which actually came from God, and the immediate one, the monarch. He considered that God projected himself to society and gave the power to the monarch through a pact. This implied the respect of a series of rights of the subjects.

31
Q

Juan de Mariana’s point of view

A

He even allowed that tyrannicide does not oppose to the divide law, differentiating between attacking the right King and the one who was not, thus supporting the right of resistance.

32
Q

What are the four main authors of the liberal state?

A

Juan Jacobo de Rousseau, Baron de Montesquieu, Alexis de Tocqueville, and John Locke

33
Q

Which book did Juan Jacobo Rousseau write?

A

The social contract

34
Q

Juan Jacobo Rousseau’s point of view

A

He defended direct democracy and it is considered the father of modern pedagogy

35
Q

What book did Baron de Montesquieu write?

A

The spirit of the laws

36
Q

Who was Baron de Montesquieu?

A

It is considered the maximum exponent of the theory of the division of powers

37
Q

What book did Alexis de Tocqueville write?

A

Democracy in America

38
Q

Who was Alexis de Tocqueville?

A

Forerunners of classical sociology and a liberal author

39
Q

What book did John Locke write?

A

Two Treaties of a Civil Government

40
Q

Who was John Locke?

A

He is considered the father of classical liberalism

41
Q

What is a granted constitution?

A

– It is when the constituent power resides in the Monarch and it, graciously, grants to its subjects a series of rights, thus, self-limiting its own power.

42
Q

What is an agreed constitution?

A

It Is when the constituent power resides in two subjects and when these two subjects must agree on a text.

43
Q

What is an imposed constitution?

A

It is a reflection of how the constituent power resides in the nation, later in the people. The constitutional text was imposed upon the King who was bound by its prescriptions. (Cadiz Constitution).

44
Q

What is the difference between a customary and a written constitution?

A

Constitutions can be written or customary depending on whether they enjoy an articulated definition or are kept in the memory of people, fruit of the existence of customs and conventions that make their positivization unnecessary.

45
Q

What is a flexible constitution?

A

It is when, in order to proceed with its reform, it is not necessary to resort to a different procedure from the one established with an ordinary character for the creation and modification of legislation.

46
Q

What is a rigid constitution?

A

It is when it is necessary for its reform an aggravated procedure that shows the importance of the modification to be made and that the active subject of the first decision was the constituent power.

47
Q

Which one is the oldest and shortest constitution in the world?

A

The American constitution of 1787

48
Q

What is brevity in a constitution?

A

Involves a limitation of content

49
Q

What is the extension in a constitution?

A

Consists in the production of a series of precepts that have nothing to do with the essence of the constitutional organization.

50
Q

Are constitutions usually original or derived?

A

It is obvious to say that at the beginning all the Constitutions brought some new concepts to the organization of powers, as did the French Constitutions of 1791 and 1793 with a representative system, instead of a direct democracy more in a line of Rousseau; the US Constitution of 1787, for its part, provides a federal territorial form applied to large tracts of land. In another sense, the constitutionalism of the Soviets and the third world countries appears to be original.
On the other hand, constitutional novelties usually appear in periods of great revolutionary change or of great change in political regime, rather than a constitutional text.

51
Q

What is a normative constitution?

A

It is when the law orders the political life, when what the Constitution establishes is fulfilled in practice.

52
Q

What is a nominal constitution?

A

It is when a Constitution, although it is legally valid, it is not effective in practice, since it is dissociated from society.

53
Q

What is a semantic constitution?

A

It is when it prescribes fundamental norms that really serve to mask the reality

54
Q

What is an ideological constitution?

A

Constitutions that are exponents of a given ideology

55
Q

What is a neutral constitution?

A

Those that establish a mere procedure for making general decisions with no ideology

56
Q

What is the current classiffication of constitutions?

A
  • Constitutions unitary, federal and regional, or autonomous.
  • Presidential, parliamentary, and directorial constitutions
  • Constitutions monarchical or republican

Constitutional Systems (10 decks)

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