1
Q
What are the purposes of comparative constitutional law?
A
- To critically assess a system
- For constitution-building and constitution-engineering
- For the creation and development of international organizations
2
Q
What are the purposes of constitutions?
A
- To set up and maintain an effective state
- To establish and respect democracy, legitimacy and accountability
- To abide by the rule of law
3
Q
What is a constitution?
A
- Formal meaning – A central written document that sets out the basic rules that apply to the government of socio-political entities
- Broad/substantive meaning – The entire body of fundamental rules that govern socio-political entity (both written and customary):
- Attributes power to public authorities
- Regulates the fundamental relations between public authorities
- Regulates the fundamental relations between the public authorities and the individual - Divided between institutional law and human rights
4
Q
What is constitutionalism? And absolutism?
A
- Constitutionalism – The idea of limited government, whereby political actors will obey legal norms in how and to what extent they govern
- Absolutism – The monarch is sovereign and not bound by law
5
Q
What is a rigid constitution?
A
- A constitution which cannot be changed/amended or with high difficulty and precautions
- The opposite is a ‘flexible’ constitution
- ‘Substantive rigidity’ – The text of the constitution is accepted as meaning what it says in a narrow sense
6
Q
What is the difference between a revolutionary and an evolutionary constitution?
A
- Revolutionary – A new constitution marks a transformational event, when the old order is replaced by a new one
- Evolutionary – The constitution develops gradually through time
7
Q
What is the definition of a ‘state’?
A
- Sovereign entity or
2. Federal entity
8
Q
What is a republic?
A
- A state whose head of government is not a monarch
- A state which has a republican order
- Republican values include:
- Democratic representation
- Rule by many with the consent of the governed
- Separation of powers
- Limited government
- Rule of law
9
Q
What are the main characteristics of the USA?
A
- Federal republic
- Presidential democracy
- Fifty individual States
- President is both head of State and head of government and is elected by indirect popular vote
- Federal legislative power is exercised by a bicameral Congress:
- The highest federal judicial authority is exercised by the US Supreme Court
- The USA relies on separation of powers, which is exercised via a system of checks and balances whereby institutions keep each other in line via mutual institutionalized interference
10
Q
What are the main features of each state in the USA?
A
- Each State has its own constitution
- Every state is a republic and features a presidential system of government
- They all feature a bicameral parliament except for Nebraska
- They are all headed by directly elected governors
- They all have their own court system
11
Q
What are the historical developments that led to the adoption of the Basic Law?
A
- After the fall of the Belin Wall, GDR acceded to the area of application of the Basic Law under Article 23
- The Basic Law was amended:
- Article 146 was amended to reflect the unity of the German people
- Article 23 was scratched and replaced by a new provision on the European Union
12
Q
What are the main features of Germany?
A
- Federal republic:
- 16 States
- Each has its own constitution
- Each State has its own parliament (unicameral)
- States governments are headed by State prime ministers which are accountable to their Parliament
- ‘Forever clause’ (art. 79(3)) – The German federal constitutional principles, the division of Germany into States and the State’s participation in federal law-making cannot be amended - Parliamentary democracy
13
Q
What are the main features of the United Kingdom?
A
- Four countries – England, Wales, Scotland and Northern Ireland
- Historically marked by a power struggle between the King and Parliament
- Constitutional monarchy
- Parliamentary government:
- Bicameral (House of Lords and House of Commons)
- Parliamentary sovereignty - Constitution is not codified in a central document:
- Case law
- Constitutional conventions
- Unwritten customs
14
Q
What are the main characteristics of France?
A
- Unitary state with limited decentralization
- Bicameral:
- National Assembly
- Senate - Semi-presidential democracy:
- Elected President as head of state
- Appointed Prime Minister as head of government
15
Q
What are the main characteristics of the Netherlands?
A
- The Netherlands v. the Kingdom of the Netherlands (includes Curacao, Aruba and Saint Martin)
- Constitutional monarchy
- Prime minister as head of government
- King as head of state
- Parliamentary
- Bicameral:
- First Chamber as upper chamber
- Second chamber as lower chamber - Decentralized but unitary
16
Q
What are the different institutions of the EU?
A
- The European Parliament:
- 751 members
- Directly elected by EU citizens every 5 years - European Council:
- Heads of state and heads of government
- The President is elected every 2 and ½ year by the European Council and may be re-elected once - The Council of Ministers:
- Ministers of the Member States, depending on the subject matter - The Commission:
- 28 members
- Appointed by the European Council
- After involvement and agreement of the European Parliament - The Court of Justice
- The European Central Bank
- The Court of Auditors
17
Q
What are the competences of the EU?
A
- Exclusive competences – Art. 3 TFEU
- Shared competences – Art. 4 TFEU
- Furthermore, the EU must follow the principles of:
- Subsidiarity
- Proportionality
- Conferral
18
Q
What is the EU charter of Fundamental Rights?
A
- A collection of HR provisions
- Its meaning and purpose shall be the same as the ECHR
- Has the same legal value as the TEU and TFEU
