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Untitled Deck Flashcards

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1
Q

What is constitutional law primarily concerned with?

A

The distribution and exercise of government functions and relations between governmental authorities and individual citizens

Constitutional law defines the framework within which a state operates.

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2
Q

In international law, the term state refers to what?

A

An independent, politically organized community living in a defined territorial area

This definition emphasizes the sovereignty and territorial integrity of a state.

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3
Q

What are the two manners in which a constitution can be interpreted?

A
  • By a law voted by the parliament
  • By the judge

Judges play a significant role in interpreting the constitution and their decisions can serve as a source of law.

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4
Q

What are the three requirements for a constitutional custom to have legal validity?

A
  • Antiquity
  • Continuity and consistency
  • Popular belief in the rightness of a custom

These requirements ensure that a constitutional custom is recognized and accepted by society.

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5
Q

What does the term ordinary laws refer to?

A

Laws related to the organization and functioning of public authorities

Ordinary laws serve as a source of constitutional law when they pertain to the same subject.

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6
Q

What are the three separate elements identified for a state?

A
  • A community of people
  • A specific territory
  • Specific government authority

These elements are essential for the existence of a state.

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7
Q

What distinguishes citizenship from nationality?

A

Citizenship relates to rights and obligations within a state, while nationality refers to the relationship between a state and an individual in international law

In Rwanda, only the term nationality is used in the constitution.

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8
Q

What is the original constituent power?

A

The power to elaborate a constitution during the creation of a state or establishment of a new regime

This power is exercised by individuals in authority who draft and approve the constitution.

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9
Q

What is the derived constituent power?

A

The power to modify an existing constitution according to established rules

This ensures that changes to the constitution are made in a structured manner.

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10
Q

What is a flexible constitution?

A

A constitution that can be easily modified by one of the established powers, such as the legislative power

Modifications can occur through ordinary legislative procedures.

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11
Q

True or false: A confederation is an association of sovereign states created by treaty.

A

TRUE

Confederations often adopt a common constitution for collective action.

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12
Q

What is the difference between a monarch and a president?

A

A monarch’s position is often inherited, while a president is usually elected for a specific term

Monarchies can be absolute or constitutional, affecting the ruler’s powers.

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13
Q

What are the two types of monarchies?

A
  • Absolute monarchy
  • Constitutional monarchy

In absolute monarchies, the monarch has total control, while in constitutional monarchies, the monarch’s powers are limited by law.

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14
Q

What does sovereignty refer to in the context of a state?

A

The independent exercise of government authority within a specific territory

Sovereignty implies that no external authority can govern within a state’s territory.

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15
Q

What is a unitary state?

A

A state governed as a single entity with one constitutionally created legislature

In a unitary state, the central government retains the principal right to recall delegated powers.

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16
Q

What is the significance of territory in the definition of a state?

A

It includes geographical boundaries such as land, islands, and waters

Territory is essential for the existence and governance of a state.

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17
Q

What is the role of media in relation to freedom of expression?

A

Media should be free but with self-regulation and a code of ethics

The balance between media freedom and social responsibility is crucial for democracy.

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18
Q

What does the term democracy derive from?

A

The Greek words demos (people) and kratos (power/strength)

Democracy emphasizes the power of the people in governance.

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19
Q

The concept of democracy can be traced to two Greek words: demos and Kratos. What do these words mean?

A
  • Demos: people
  • Kratos: power/strength

Combined, they refer to the power of the people.

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20
Q

In a democratic system, who holds the power to govern?

A

The people of the state

Power is not vested in a monarch or aristocracy.

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21
Q

What are the key principles that democracy presupposes?

A
  • Free political expression
  • Right to participate in political decision-making
  • Protection of minority interests

These principles ensure that all voices are heard in governance.

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22
Q

True or false: A government can only be legitimate if it has the consent of the majority of people living under it.

A

TRUE

This reflects the foundational idea that no person or institution has a divine right to govern.

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23
Q

Political science evaluates the success of governance by examining various factors. Name three of these factors.

A
  • Stability
  • Justice
  • Material resources

These factors help assess the effectiveness of specific policies.

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24
Q

What does constitutionalism symbolize?

A

A state founded on the law

It requires that government power be provided by the law (Constitution).

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25
According to Montesquieu, what is the principle of **separation of powers**?
Governmental powers are divided into: * Legislative powers * Executive powers * Judicial powers ## Footnote This principle is fundamental to many constitutional systems.
26
What is the role of the **Legislative Power** in relation to the **Executive Power**?
The legislature should monitor the executive ## Footnote The legislature represents the state, while the executive represents the government.
27
What are the **three purposes** of a constitutional state?
* Provide security * Ensure individual liberty * Guarantee a minimum standard of social security ## Footnote These purposes guide the functions of the state.
28
What are the **five main sources** of constitutional law?
* The constitution itself * Organic laws * Ordinary laws * Constitutional custom * Jurisprudence ## Footnote These sources help define and regulate the constitutional framework.
29
What is the definition of the **rule of law**?
A system where the government's powers are limited by law and citizens have rights that the rules support ## Footnote It ensures that no one is above the law.
30
Fill in the blank: A **democratic state** is one where government is accountable to the people through _______.
free and fair elections ## Footnote Adults have equal rights to vote and stand for election.
31
What is the significance of a **preamble** in a constitution?
It states the basic purpose of the constitution ## Footnote While not binding, it can guide the interpretation of the constitution.
32
What distinguishes a **written constitution** from other forms?
It contains a selection of constitutional provisions supplemented by organic laws and other legislations ## Footnote Many constitutions are contained in one single document.
33
What does **flexibility** of a constitution refer to?
The ease with which the constitution can be amended ## Footnote A rigid constitution is more difficult to amend.
34
What is the **supremacy** of the constitution?
There is no higher juridical norm in the state than the constitution ## Footnote In Rwanda, the constitution is the supreme law.
35
True or false: The judiciary should be independent of the legislature and executive.
TRUE ## Footnote This independence is crucial for maintaining the rule of law.
36
What is the relationship between **constitutional law** and **administrative law**?
Both deal with the exercise and control of governmental power ## Footnote Constitutional law focuses on the structure of government, while administrative law concerns official agencies.
37
What is an **autochthonous constitution**?
A constitution regarded as a home-grown document ## Footnote It reflects local historical, political, social, and economic circumstances.
38
What does the term **ratification** refer to in the context of a constitution?
Approval by institutions or persons outside the legislative bodies ## Footnote Without such approval, the constitution cannot become operative.
39
What is the **definition of a constitution**?
A constitution is the system of fundamental principles according to which a nation, state, or body politic is constituted or governed ## Footnote It determines the allocation, distribution, exercise, and limitation of authority and power among the organs of state.
40
A constitution guarantees and regulates the **rights and freedoms** of the individual. What must a constitution be in order to enjoy its supremacy?
* In writing * Well-established * Courts must be vested with powers to enforce and protect constitutional provisions ## Footnote A constitution is protected as the supreme law of the state.
41
In constitutional monarchies, the rule of **succession** is generally embodied in what?
A law passed by a representative body, such as a parliament ## Footnote Traditionally, hereditary succession within members of one family has been most common.
42
What are the **arguments against monarchies**?
* Fundamental right of the people to elect their head of state * Every citizen entitled to public power * A head of state is more accountable to the people ## Footnote All people are created equal, and a monarch is born with power.
43
What does **functional independence** refer to in the context of judicial authority?
The functional exercise of powers by the courts, protected from influence by other governmental bodies or private pressure groups ## Footnote Courts are protected through measures of immunity of judicial officers.
44
The **impartiality of judicial authority** requires that courts should apply the law without what?
Favor or prejudice ## Footnote Judges must recuse themselves if there is any change of bias.
45
According to the constitution, what are the **important institutions** established to support constitutional democracy?
* National Commissions * Specialised organs * National Councils ## Footnote Examples include the National Commission for Human Rights and the Office of the Ombudsman.
46
What are the **human rights** provisions in the Constitution of Rwanda?
* Right to life * Right to dignity * Right to liberty * Right to equality before the law * Right to religious freedom and worship * Right to speech and expression ## Footnote The Constitution guarantees civil, political, social, and cultural rights.
47
What is the **natural rights theory**?
Everyone is born with human rights that cannot be lost without losing oneself ## Footnote It is based on the principles of justice and is considered God-given.
48
What is the **right to vote and political participation** in Rwanda?
All citizens have the right to participate in government, directly or through representatives ## Footnote Citizens have equal access to public service based on competence and abilities.
49
What are the **three ingredients of the principle of rule of law**?
* Supremacy of the law * Equality before the law * Accountability of government ## Footnote These principles ensure that no one is above the law.
50
What does **judicial authority** refer to?
The power to resolve disputes through determining what the law is and how it should be applied ## Footnote Judicial authority is exercised by judicial bodies known as courts.
51
What is the **legislative** function of parliaments?
Consideration, amending, and approval of new and old laws submitted by the executive or individual members ## Footnote The Senate is particularly competent to vote on constitutional amendments.
52
No member of Parliament may be prosecuted for opinions expressed in the exercise of their duties without what?
Authorization of the Chamber by a two-thirds majority vote ## Footnote This ensures parliamentary immunity.
53
What is the **judiciary** composed of according to the Constitution?
* Ordinary Courts * Specialised Courts ## Footnote Ordinary Courts include the Supreme Court, High Court, Intermediate Courts, and Primary Courts.
54
What is the **right to personal security**?
Includes integrity rights and guarantees protection from arbitrary actions ## Footnote It is part of the human rights provisions in the Constitution.
55
What is the **right to equality before the law** as stated in the Constitution of Rwanda?
All human beings are equal before the law and shall enjoy equal protection without discrimination ## Footnote This principle is fundamental to the rule of law.
56
What is the **freedom of speech and expression** as guaranteed by the state?
Freedom of the press and freedom of information are recognized and guaranteed ## Footnote These freedoms must not prejudice public order and good morals.
57
What does the **social contract theory** propose?
Individuals submit to the body politic while retaining their civil rights of life, liberty, and property ## Footnote Developed by John Locke, it emphasizes popular sovereignty.
58
What is the **importance of the principle of rule of law**?
Ensures that all individuals and government actions are subject to the law ## Footnote It is essential for maintaining justice and preventing abuse of power.
59
What is the **relationship between constitutional law and political science**?
Constitutional law relates to the system of government and its structure, while political science studies the theory and practice of politics ## Footnote Both fields inform each other in understanding governance.
60
According to articles 64 and 128 of the Constitution, what authority is vested in the **Judiciary**?
Judicial authority ## Footnote The Judiciary is composed of ordinary Courts and specialised Courts.
61
What are the components of **Ordinary Courts**?
* Supreme Court * High Court * Intermediate Courts * Primary Courts ## Footnote These courts handle general legal matters.
62
What are the components of **Specialised Courts**?
* Commercial Courts * Military Courts ## Footnote These courts deal with specific types of cases.
63
The term **parliament** originates from which Latin word?
parliamentum ## Footnote It means to speak.
64
What forms the most important part of the three branches within government?
Legislative authority ## Footnote It enacts legal rules over almost all aspects of human life.
65
True or false: Cabinet ministers are members of the **legislature**.
FALSE ## Footnote However, legislative approval is often needed for executive nominations.
66
What power does the president have regarding **ambassadors**?
Receive ambassadors ## Footnote This power is interpreted as giving the president broad powers to conduct foreign policy.
67
What is the **bicameral legislature** composed of?
* Chamber of Deputies (Deputies) * Senate (Senators) ## Footnote Legislative power is vested in this Parliament.
68
List the **four basic advantages** claimed for presidential systems.
* Direct election by the people * Personal mandate to lead * Separation of powers * Speed and decisiveness ## Footnote Supporters argue these advantages enhance governance.
69
What does the **separation of powers** in a presidential system allow?
Each structure to monitor and check the other ## Footnote This prevents abuses of power.
70
What is a **vote of no confidence**?
Formal condemnation of the executive by the legislature ## Footnote It often leads to the resignation of the government or new elections.
71
What is the **fixed term** of office for a president?
Elected for five years ## Footnote The president may be re-elected once.
72
What is the role of the **Cabinet** in a modern constitutional system?
Final responsibility for the proper execution of executive authority ## Footnote It consists of the Prime Minister and various ministers.
73
What is a **semi-presidential system** characterized by?
Both a prime minister and a president active in government ## Footnote It combines elements from both presidential and parliamentary systems.
74
What is the **responsibility of executive organs of state**?
Plan, coordinate, and manage all state activities ## Footnote This is done within the framework of the law.
75
What is a potential disadvantage of a **presidential system** regarding public opinion?
The president may ignore public opinion ## Footnote This can lead to policies that are unpopular with the public.
76
What is the **collective responsibility** principle in the Cabinet?
Cabinet members must take the president's policies ## Footnote This ensures unity in executive decisions.
77
What can lead to **tendencies towards authoritarianism** in a presidential system?
Overacting power given to one person ## Footnote This centralization can undermine civic participation.
78
What is an **impediment to leadership change** in a presidential system?
Difficulty in removing an unsuitable president ## Footnote This can lead to enduring ineffective leadership until the next election.
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