Public law 11- Form of State Flashcards
define the form of state and give examples
the form of state refers to the relationship between sovereign power and the people
Examples: absolute state, liberal state, socialist state…
Define the form of government and give examples on forms of government
points out how the fundamental powers are organized and allocated to state bodies
examples: parliamentary system, presidential system, constitutional monarchy.
define the type of state and give examples
refers to the relationship between the sovereign power and the internal territories, communities
examples include: unitary state, federal state, regional state
explain the feudal system that was in the 8th to the 15th century
At its core, the feudal system was based on land. The king owned all the land but needed help managing it. He gave pieces of it (called fiefs) to powerful nobles or lords in exchange for their loyalty and services, especially military support. These lords then allowed vassals (lesser lords or knights) to live on and work smaller parts of the land. In return, the vassals promised to serve their lord, often as soldiers
Mutual Obligations:
The system worked through a web of mutual promises:
Lords promised protection to vassals and peasants.
Vassals and peasants promised loyalty, military service, or food to their lords.
No Separation of Laws:
Laws and governance were tied to personal agreements and customs rather than being centralized or universal. This meant every area might have its own rules, set by the local lord
Explain the basis of the absolute state
the absolute state was based on a concentration of power onto a single body: “The Crown”
Explain the function and basis of “the crown” in the absolute state.
the crown is considered an impersonal body, gathering all the fundamental powers
- is seperated by the king as a natural person
is there a separation of powers in the absolute state. what are the powers in the administrative state
no there is no separation of powers. The crown holds the power to establish the law, the official appointed by the crown were encouraged to perform administrative and judicial offices.
which form of state is considered the first modern form of state
the absolute state, which is traced back to the peace of westphalia
During the period of creating the absolute state, the organization of “centralized bureaucracy”. What is the purpose of this organization
Entitled to
-demand taxes
-administrate the public order
-impose measures on trade
-establish a standing army
Explain the concept of res publica
idea of being shared by a community of citizens
Who holds the power in the absolute state
the crown is entrusted with all the fundamental power to pursue the national interest
Explain the “Enlightened Absolute State
The state is committed to achieving further basic needs of the community.
Does the enlightened absolute state have separate powers. And if it does, explain the separation of powers
yes it has separate powers, it requires a more precise separation between the crown’s prerogatives and functions and the kings
-specific individual rights regarding properties. were safeguarded.
Liberal State Characteristics according to the rule of law
- Seperation of powers: power divided among parliament, judiciary, and executive to prevent abuse.
- Rule of law: government actions must follow laws passed by parliament
- protection of private property
List and describe the constitutional properties of the democratic form of state
- the representative principle: where the community elects the members of the parliament through a ballotcast
2.protection of a plurality: of individuals , interests
define the parliamentary republic and list its key features
- a system where the parliament holds the most power.
the government must have the parliament’s political confidence
features: - separation of powers: head of state is not the head of the government. Parliament elects the head of state who elects the prime minister
-the head of state can call for new elections if parliament can’t maintain confidence in the government
what is the difference between the parliamentary republic and the parliamentary monarchy?
Under the parliamentary republic, the head of state is elected by the parliament and the lifespan of the office is determined by the constitution.
under the parliamentary monarchy, the head of state is elected on a hereditary basis.
What is the constitutional body like in the presidential executive republic (USA)
it gathers 2 constitutional offices into the same body: the head of state and the head of government into the president
the president is elected by elections
how is the separation of power applied into the presidential executive republic?
it requires a strict application of the principle of separation of powers. Neither the congress nor the president can affect the office term of the other.
In the presidential executive republic congress (house of representatives - senate) holds: ________ power and the president holds ________ power
legislative (congress)
executive(president)
The president has the power to do 5 things. list them
- veto acts enacted by the congress
- recommend to the congress to pass some appropriate measures.
- issue executive orders addressing the executive branches of the government
- submit the federal budget proposal to the congress.
- appoint judges
the congress holds the power to:
- affect presidential policies
- overriden presidential veto
- impeach the president for high crime actions
- give advice to the senior federal officials
Explain the composition of the directorial executive( eg Switzerland)
the executive power is with the federal council that is made up of 7 members.
how long does the council last in the directorial executive?
Lasts a 4 year fixed term that the parliament can’t affect.
Who is the president of confederation
he is in the directorial executive form of state. he is elected by the members of the council. his term lasts for 1 year
directorial executive extras
All the Federal Council’s members perform their office as Federal Ministers
(individually) and (collectively) as head of the State.
This form requires a clear separation of powers: the Directory can not dissolve the
Parliament, which, in turn, cannot impeach it.
The Federal Assembly is the legislative body of the Confederation. It consists of two
Chambers – the National Council and the Council of State – holding the same
competencies.
The National Council represents the People. It is made up of 200 members elected
for a term of four years.
The Council of State represents «Cantons». It is made up of 46 members elected by
the People for a term of four years.
describe the semi-presidential executive (eg. France)
merging of presidential and parliamentary republic.
-requires a partial separation between the head of state and the head of government.
what is a cohabitation
when the president belongs to a political force while the parliament belongs to another.
describe the type of state according to its form of power use: unitary or centralized state
the legislative power is performed through a central body
describe the type of state according to its form of power use: not unitary or decentralized state
the legislative power is shared between central and local levels (vertical separation pattern)
there are 2 types of not unitary states
the federal and the regional state
describe the federal state(not unitary state)
Under this type of State, the Constitution usually establishes two levels and
more precisely:
a) the federal law-maker, and consequently the federated law-makers
b) a double judiciary (Federal jurisdiction separated from the States’ one);
c) how federated entities are represented in a national Chamber;
d) whether federated entities may eventually participate in amending the federal
constitution
describe the regional state properties
he law-making power is distributed over different representative assemblies
) No double jurisdictions; indeed, the Judiciary is governed and regulated as a
unique, national-based power.
c) Regions may/may not be directly represented in the national Parliament.
d) Regions cannot be part, as (co)decision-makers, of any constitutional
amendments or reform.
