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Public Law > The State > Flashcards

The State Flashcards

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1
Q

THE STATE

A

A body of people that is politically organized, occupies a clearly defined territory and it is sovereign, pursuing mutual safety and common advantages, accordingly to some fundamental principles, and establishing a specific legal and institutional system.

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2
Q

What parts does the TERRITORY of a state comprehend?

A
  • LAND
  • TERRITORIAL SEAS
  • CONTIGUOUS ZONE
  • CONTINENTAL SHELF
  • AIRSPACE
  • VESSELS AND AIRCRAFTS FLOATING
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3
Q

PEOPLE

A

A collective entity composed by all the individuals related to the state through citizenship.

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4
Q

How can you acquire a state’s citizenship?

A
  • Birthright: ius soli / ius sanguinis
  • Naturalization: ius connubii / ius culturae / permanent residency / serving the army or special merits
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5
Q

How can you lose the nationality of a state?

A
  • Serving in a foreing army or in a foreign oublic office
  • Permanent residency abroad
  • Serious crimes against the state (only if you have 2 citizenships)
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6
Q

SOVEREIGNTY

A

The political power to rule and govern the people on the territory; it has:
- International legal independence
- Internal legal supremacy

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7
Q

ABSOLUTISM

A
  • Pessimistic view of the state of nature
  • All individual rights are before the state (none is inalienable)
  • Sovereignty is vested in a monarch without limitations
  • No separation of powers –> bureaucracy, army, judges respond directly to the monarch
  • Mercantilism
  • The state promotes the enhancement of the state’s power
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8
Q

ENLIGHTENED ABSOLUTISM

A
  • Enlightened nature of the monarch
  • Recognition of some limited rights
  • Mercantilism
  • Some codification of the laws
  • The state’s authority promotes the subjects’ welfare according to the view of the paternalistic monarch.
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9
Q

AUTHORITARIANISM

A
  • State’s sovereignty is concentrated in a dictator/Junta/Party
  • No separation of powers (or sham separation)
  • No elected representative bodies
  • Limitations of basic individual rights
  • Pedagogic state
  • Control of the economy
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10
Q

LIBERAL-DEMOCRACY

A
  • Optimistic view of the state of nature
  • Some rights are inalienable (the state must enhance the rights of the individuals)
  • Rule of law
  • Equality principle
  • Liberty rights
  • Political rights
  • Economic rights
  • Representative elected bodies
  • Separation of powers
  • Market economy ruled by the State (“laissez faire”)
  • The state recognizes and promotes the autonomy of the individual
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11
Q

SOCIAL DEMOCRACY

A
  • Optimistic communitarian view of the State of nature
  • The state recognizes and protects human rights + is involved in the commitment to the pursuit of social justice
  • Rule of law
  • Equality principles
  • Liberty, Political, Social, Economic rights (–> limited and oriented to the social dimension)
  • New Rights
  • Representative government of the people
  • Division of powers
  • Social market economy
  • The state recognizes, protects and promotes the dignity and the autonomy of the individuals and of the groups, for the reduction of social inequalities
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12
Q

ELECTORAL-AUTOCRATIC

A
  • An hybrid form of state
  • Formally a liberal democratic model (popular sovereignty, representative bodies, multiple political parties, separation of powers, rule of law)
  • Effectively the mechanisms of the functioning of the state are altered (extended use of emergency powers; electoral laws to enhance the ruling party; lack of transparency; diminshed authority of the judiciary; surveillance activities; restrictions of civil liberties; discriminatory rules; corruption)
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13
Q

THEOCRATIC MODEL

A
  • Like a common LIBERAL-DEMOCRATIC/SOCIAL-DEMOCRATIC
    + Religious dicta are source of the law
    + only one religion is recognized
    + Religious internal official bodies are interwoven with state official bodies and powers
    + pivotal role of the religious political parties
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14
Q

SOCIALIST MODEL

A
  • Like a common LIBERAL-DEMOCRATIC/SOCIAL-DEMOCRATIC
    + Communist party plays a pivotal role
    + Communist party offical bodies are interwoven with state official bodies and powers
    + no political majority/opposition alternative
    + a form of people’s democratic dictatorship
    + People’s congresses
    + Socialist market economy
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15
Q

UNITARY FORM OF STATE

A
  • concentration of sovereignty and institutional powers only at the national level
  • longa manus
  • only the national level has statehood and a constitution
  • local autonomies only have administrative powers, and they are exercised by a limited apparatus
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16
Q

REGIONAL FORM OF STATE

A
  • Sub-national bodies: autonomous but not sovereign; not statehood, not constitution; not directly represented in the circuit of political national decisions; they have limited tax powers and financial autonomy.
  • National body: all the typical powers related to sovereignty; full statehood; international personhood; Constitution.
  • Legislative powers: List of matters + residual clause / List of separated matters + list of concurring matters + residual clause
  • Administratice powers: principle of subsidiarity and proportionality / principle of parallelism.
17
Q

FEDERAL FORM OF STATE

A
  • Sub-national bodies: legislative, administrative and judiciary powers with autonomous apparatuses; represented in parliament; extended tax powers and financial autonomy; yes Constitution, not international agency
  • National body: full statehood, international personhood, Constitution; relevant sovereing powers.
  • Legislative powers: list of matters + residual clause / list of separated matters + list of concurring matters + residual clause.
  • Administrative powers: principle of parallelism
  • Judiciary powers: applicable law or of the residency of litigants.
18
Q

MULTILEVEL FORM OF STATE

A
  • Supra-national organization: may have legislative, administrative and judiciary powers, but the execution and adjudication of supranational law relies mostly on the Member States’ apparatuses; no statehood, no Constitution, some form of limited international agency.
  • National body: legislative, executive and judiciary powers with complete apparatuses; typical sovereign powers; statehood, international personhood, Constitution
  • Legislative powers: list of separated matters in favor of the supranational organization + list of concurring matters + generic clause.

Public Law (9 decks)

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