CCL

Question 1

What is the difference between normal law and constitution?

Answer 1

Its symbolic not substantial.

Question 2

What are the two meanings of constitution?

Answer 2

• Formal sense: the document that is the constitution
• Material sense: laws and conventions of the constitution

Question 3

What is the historical descriptive value of constitutions?

Answer 3

Describes the world as it is, providing examples and observations of actual occurrences.

Question 4

What is the modern prescriptive value of constitutions?

Answer 4

Describes what the world should be, indicating desirable conditions.

Question 5

Who are important figures associated with the idea that power should come from the people?

Answer 5

• Rousseau
• Locke
• Hobbes

Question 6

What is constituent power?

Answer 6

People’s power.

Question 7

What is constituted power?

Answer 7

Government’s power.

Question 8

What historical events are significant in the history of modern constitutionalism?

Answer 8

• 1789 - French Revolution
• 1776 - American Revolution
• 1861 - Civil War
• 1900 - Lochner vs. New York
• 1937 - West Coast Hotel vs. Parrish

Question 9

What does constitutionalism entail?

Answer 9

Legal constraints on the political; the government has limited power.

Question 10

What is the purpose of a modern constitution?

Answer 10

To serve a limiting function.

Question 11

What is the classification process in constitutional law?

Answer 11

• Why to classify
• What to classify
• How to classify

Question 12

What are the three criteria for a modern constitution?

Answer 12

• Written or unwritten
• Written confined in a single document
• Flexible or rigid

Question 13

What characterizes a liberal democratic constitution?

Answer 13

• Rooted in social contract theory
• The rule of law
• Separation of powers
• Interest groups represent pluralism in society

Question 14

What are cardinal laws?

Answer 14

They have an intermediate rank between the constitution and ordinary laws and serve as a basis for constitutional review of ordinary laws.

Question 15

What is the difference between constitutional law and ordinary law?

Answer 15

Ordinary laws emanate from the government and bind the people, while constitutional law is attributed to the people and binds the government.

Question 16

What are the three generations of rights?

Answer 16

• First generation: civil and protection rights
• Second generation: social economic rights
• Third generation: collective rights

Question 17

What is the Supremacy Clause?

Answer 17

Article 6 states that the Constitution is the supreme law of the land, and federal laws prevail over conflicting state laws.

Question 18

What does the Bill of Rights cover?

Answer 18

• Freedom of speech
• Freedom of religion
• Freedom of the press
• Right to bear arms
• Right to a free trial

Question 19

What does the 14th Amendment guarantee?

Answer 19

Citizenship to all persons born or naturalized in the US.

Question 20

What is the Rule of Law?

Answer 20

Laws must be clear and public, applied equally to all, ensuring legal certainty and protection of human rights.

Question 21

What is the separation of powers?

Answer 21

The division of government responsibilities into distinct branches: legislative, executive, and judicial.

Question 22

What landmark case established judicial review in the US?

Answer 22

Marbury v. Madison (1803).

Question 23

What is positive law?

Answer 23

Constitutional rights as a formal or procedural concept within a given legal system.

Question 24

What is the difference between rights and freedoms?

Answer 24

Rights entail positive obligations for the state, while freedoms demand that the state remains passive.

Question 25

What principles govern birthright citizenship?

Answer 25

* Territoriality principle * Descent principle

Question 26

What is the definition of citizenship?

Answer 26

Membership in a political community.

Question 27

What are the two models of judicial review?

Answer 27

* Decentralized model * Centralized model

Question 28

What is the legal system in federal states characterized by?

Answer 28

* A federal legislature consisting of two chambers * Constitutionally entrenched distribution of powers * Alteration processes involving both constituent states and the federation

Question 29

What is the difference between direct democracy and representative democracy?

Answer 29

* Direct democracy: collective decision-making * Representative democracy: elected representatives make decisions

Question 30

What is sovereignty?

Answer 30

Supreme power authority.

Question 31

What does the term 'internal sovereignty' refer to?

Answer 31

Absolute power of the state within its territory.

Question 32

What is the difference between horizontal and vertical structuring in state organization?

Answer 32

* Vertical structuring: central, federal, and local * Horizontal structuring: executive, legislative, and judicial

Question 33

What characterizes a constrained parliamentarism model?

Answer 33

The chief executive can only be removed if a successor is nominated.

Question 34

What is the quality of Nationality Index (QNI)?

Answer 34

Non-legal but comparative perspective on citizenship.

Question 35

What is the constitutionally entrenched distribution of powers in federal states?

Answer 35

Legislative, executive, and judicial powers are distributed between the constituent states and the federation. ## Footnote This distribution ensures that both the states and the federation have defined roles and responsibilities.

Question 36

How can the constitution in federal states be altered?

Answer 36

The constitution can only be altered through a process involving both the constituent states and the federation as a whole. ## Footnote This process ensures that changes reflect a consensus among the various levels of government.

Question 37

What is a key similarity between the legal systems of the USA and Germany?

Answer 37

Both have constitutional courts. ## Footnote These courts are responsible for adjudicating issues related to the constitutionality of laws.

Question 38

What is a major difference between the legal systems of the USA and Germany?

Answer 38

The number of supreme courts and state legal systems. ## Footnote The USA has a single Supreme Court, while Germany has a specialized constitutional court alongside other courts.

Question 39

What does 'models of juridical review' refer to?

Answer 39

Constitutional justice involving control of constitutionality of laws. ## Footnote This includes the methods and processes by which laws are evaluated against constitutional standards.

Question 40

What are the two main types of juridical review?

Answer 40

Juridical review of executive acts and legislative acts. ## Footnote Each type is based on different legal standards: legislation and constitution.

Question 41

What is the decentralized model of juridical review?

Answer 41

A system where all courts have the right to review the constitutionality of a law, handled by local entities. ## Footnote Examples include the United States and Nordic countries.

Question 42

In a centralized model, who reviews the constitutionality of laws?

Answer 42

A specialized constitutional court. ## Footnote This model is prevalent in most civil law countries.

Question 43

What is unique about the UK regarding its constitution?

Answer 43

The UK has no written constitution. ## Footnote Instead, its constitutional framework is based on statutes, conventions, and legal precedents.

Question 44

What is the Human Rights Act 1998?

Answer 44

An act that gives future effect to rights and freedoms guaranteed under the European Convention. ## Footnote It ensures that UK law adheres to the principles established in the European Convention on Human Rights.

Question 45

What does Section 4 of the Human Rights Act state?

Answer 45

A provision of primary legislation is incompatible with a convention right only if the judge cannot find an interpretation compatible with the convention. ## Footnote This section emphasizes judicial interpretation in aligning domestic law with human rights standards.