Codified and Uncodified Constitutions Quiz
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Questions and Answers

Which of the following is a characteristic of a codified constitution?

  • It is primarily based on judicial precedents.
  • It derives from multiple sources.
  • It is a single written document. (correct)
  • It is flexible and easily amendable.

The United States Constitution is considered uncodified.

False (B)

Name one example of a codified constitution.

Italy or United States

The Canadian constitution is classified as ______ because it is not applicable to the province of Quebec.

<p>semi-codified</p> Signup and view all the answers

Which of the following best describes judicial precedents?

<p>Principles established by previous court decisions. (A)</p> Signup and view all the answers

A written source of law is typically established through Acts of Parliament.

<p>True (A)</p> Signup and view all the answers

What is a key feature of Italy's constitution?

<p>It prevents returning to a monarchy.</p> Signup and view all the answers

Match the following constitutions with their classification:

<p>United States Constitution = Codified United Kingdom Constitution = Uncodified Canadian Constitution = Semi-codified Italian Constitution = Codified</p> Signup and view all the answers

What is the term length for members of the Swiss Federal Council?

<p>4 years (C)</p> Signup and view all the answers

The President of the Confederation serves a term of four years in the Swiss Federal Council.

<p>False (B)</p> Signup and view all the answers

What does the term 'bicephalous' refer to in a semi-presidential system?

<p>Both the Head of State and Head of Government</p> Signup and view all the answers

The UK House of Commons utilizes a ______ system for elections.

<p>plurality</p> Signup and view all the answers

Which electoral system combines first-past-the-post and proportional representation?

<p>Mixed-member proportional (MMP) (D)</p> Signup and view all the answers

The Sainte-Laguë formula allocates seats using a higher divisor than the D'Hondt method.

<p>True (A)</p> Signup and view all the answers

What is the function of a divisor or quota in a Proportional Representation system?

<p>To determine the value of one seat or how many votes are needed to win a seat</p> Signup and view all the answers

Match the following terms with their definitions:

<p>D'Hondt method = Allocates seats by dividing party votes by a divisor Sainte-Laguë formula = Allocates seats using a higher divisor than D'Hondt Mixed-member proportional (MMP) = Combines first-past-the-post and proportional representation Bicephalous = Refers to both the Head of State and Head of Government</p> Signup and view all the answers

In Civil Law systems, how are judges typically selected?

<p>Through a public examination system (C)</p> Signup and view all the answers

Constitutional review involves comparing legal sources subordinate to the constitution with a flexible constitution.

<p>False (B)</p> Signup and view all the answers

What is judicial review?

<p>The process in which courts strike down laws that are deemed unconstitutional.</p> Signup and view all the answers

The system of judicial selection in Greece is overseen by a ________ composed of senior judges and legal experts.

<p>Supreme Judicial Council</p> Signup and view all the answers

Match the following concepts with their definitions:

<p>Constitutional Review = The process of evaluating legislation against the constitution Judicial Review = Courts striking down unconstitutional laws Ex tunc = Binding from the moment the disputed provision took effect Ex nunc = Binding effective only from the decision moment</p> Signup and view all the answers

What distinguishes appointment-based systems from election-based systems in selecting judges?

<p>Appointment systems involve minimal legislative influence (D)</p> Signup and view all the answers

Rousseau believed that the judiciary should strictly interpret laws rather than influence the legislative process.

<p>False (B)</p> Signup and view all the answers

What is the significance of the Judiciary Act of 1789 in Marbury v. Madison?

<p>It established the principle of judicial review in the United States.</p> Signup and view all the answers

Kelsen's 'Hierarchy of Norms' ensures that laws derive their validity from the ________.

<p>constitution</p> Signup and view all the answers

Match the type of judicial review with its description:

<p>Principaliter = Judicial review independent of specific legal cases Incidenter = Judicial review during regular court proceedings</p> Signup and view all the answers

Which of the following best describes the role of 'constitutional complaints' in Germany?

<p>Filed by individuals claiming violations of rights (C)</p> Signup and view all the answers

The decentralized model of constitutional review in common law systems requires only Supreme Courts to perform the review.

<p>False (B)</p> Signup and view all the answers

What does 'activism' of constitutional courts refer to?

<p>The willingness of courts to make rulings that impose significant changes in laws.</p> Signup and view all the answers

The term ________ applies when a ruling is binding from the moment it is made.

<p>ex nunc</p> Signup and view all the answers

Which constitutional court power allows the prohibition of political parties?

<p>To declare unconstitutionality of parties (C)</p> Signup and view all the answers

The Absolute State is characterized by laissez-faire economic policies.

<p>False (B)</p> Signup and view all the answers

Which philosopher distinguished between Monarchy, Aristocracy, and Polity?

<p>Aristotle</p> Signup and view all the answers

The _____ Revolution acted as a catalyst for the establishment of the Liberal State.

<p>Industrial</p> Signup and view all the answers

Match the form of government to its definition:

<p>Totalitarian State = Strong, ideologically based single-party system Authoritarian State = Weak party system with an illusion of democracy Parliamentary Republic = Head of state elected by Parliament Parliamentary Monarchy = Head of state determined on hereditary basis</p> Signup and view all the answers

What is the role of the Chancellor in Germany's parliamentary system?

<p>Head of government responsible for day-to-day governance (A)</p> Signup and view all the answers

In a parliamentary republic, the head of state serves for life.

<p>False (B)</p> Signup and view all the answers

What triggers the power of dissolution in the German political system?

<p>Failure to elect a Chancellor or a failed vote of confidence</p> Signup and view all the answers

In Spain, a vote of no-confidence must propose a _____ for the Prime Minister.

<p>replacement</p> Signup and view all the answers

Match the political systems with their characteristics:

<p>U.S. Presidential system = Electoral College elects the President Parliamentary system = Executive is responsible to the legislature Totalitarian regime = Ideologically driven single-party dominance Authoritarian regime = Limited political pluralism</p> Signup and view all the answers

What is required for a presidential candidate to win the U.S. elections?

<p>A majority of electoral votes (D)</p> Signup and view all the answers

Impeachment is similar to a vote of no-confidence in presidential systems.

<p>False (B)</p> Signup and view all the answers

What distinguishes the presidential executive from the parliamentary executive?

<p>The Head of State and Head of Government are combined into one role in the presidential system.</p> Signup and view all the answers

The strong party system typical of a Totalitarian State is typically based on a _____ ideology.

<p>single</p> Signup and view all the answers

Flashcards

Codified Constitution

A constitution where the fundamental laws and principles are written in one single document.

Uncodified Constitution

A constitution where the fundamental laws and principles are spread across multiple sources, such as legislation and judicial precedents.

Semi-codified Constitution

A constitution that combines elements of both codified and uncodified constitutions. It has a written document as its primary source but also relies on other sources like tradition and convention.

Judicial Precedents

Decisions made by judges in previous cases that serve as guidance for resolving similar cases in the future.

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Common Law System

A legal system where judicial precedents are binding on future decisions, meaning judges must follow previous rulings in similar cases.

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Written Sources of Law

Sources of law that are expressed in written documents, such as Acts of Parliament.

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Unwritten Sources of Law

Sources of law that are not explicitly written but are established through tradition, custom, or practice.

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Semi-presidential System

A system with both a head of state and head of government, often with separate powers and responsibilities.

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Swiss Federal Council

The Swiss Federal Council, consisting of 7 members, serves as the country's executive branch, with each member serving a fixed term of four years.

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President's Role in a Semi-Presidential System

The President in a semi-presidential system holds the title of Head of State and is responsible for appointing the Prime Minister as the head of government.

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D'Hondt vs. Sainte-Laguë

The D'Hondt method allocates seats based on a divisor, where a party's vote share is divided by the divisor to determine the number of seats awarded. The Sainte-Laguë method uses a higher divisor compared to D'Hondt, resulting in a more proportional allocation of seats.

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Mixed Member Proportional (MMP) System

A mixed-member proportional (MMP) system combines elements of first-past-the-post, where individual candidates are elected based on their majority vote in a constituency, and proportional representation, where seats are allocated to parties based on their overall vote share.

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UK House of Commons Electoral System

The UK House of Commons uses a plurality system, also known as first-past-the-post, where the candidate with the most votes in a single-member constituency wins the election.

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Quota in Proportional Representation

A quota or divisor is used in proportional representation systems to determine the number of votes required for one seat. It serves as a measure for dividing the total number of votes by the number of seats available.

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Bicephalous Executive

The term 'bicephalous' refers to the dual leadership structure in a semi-presidential system, where both a Head of State (President) and a Head of Government (Prime Minister) exist concurrently.

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Judicial Review

A process where a court examines a law to see if it goes against the constitution. If it does, the law can be declared invalid.

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Hierarchy of Norms

The idea that laws should be organized in a hierarchy, with the constitution at the top. This ensures all other laws are based on the constitution.

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Appointment-based Judicial Selection

A system where judges are appointed by the executive branch or elected by citizens.

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Public Examination Judicial Selection

A system where judges are chosen through a competitive exam process.

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Constitutional Review

A process where a court compares a strict constitution to other legal sources. If a law conflicts with the constitution, it can be declared invalid.

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Constitutional Complaints

A process where individuals can complain to the constitutional court if they believe their rights have been violated by the government.

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Ex Tunc Temporal Effect

The idea that a court's ruling is binding from the moment the law it addresses came into effect.

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Ex Nunc Temporal Effect

The idea that a court's ruling is binding only from the moment the court made the decision.

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Constitutional Court Activism

A court's tendency to make decisions that go beyond interpreting the law and shape social or political change.

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Decentralized Constitutional Review

A model of judicial review where any court can review laws against the constitution during a legal case.

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Centralized Constitutional Review

A model of judicial review where a specific court, usually a supreme court, is solely responsible for reviewing laws against the constitution.

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Incidenter Judicial Review

A model of judicial review where a specific court reviews laws against the constitution, but only in response to legal cases brought before it.

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Principaliter Judicial Review

A model of judicial review where a specific court can review laws against the constitution, even without a specific case being brought before it.

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Stare Decisis

The principle that requires courts to follow previous legal rulings in similar cases.

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Statutory Review

The process of a court examining a proposed law to see if it conforms to the constitution. If it doesn't, the law must be changed.

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Banning Political Parties

Constitutional courts have the authority to prohibit political parties if their principles or activities violate the constitution, as exemplified by Article 21 of the German constitution which forbids parties resembling Nazi ideology.

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Absolute State's Economic Policy

The primary objective of the Absolute State in terms of economic policy was to promote national wealth and stability through interventionist measures.

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Aristotle's Forms of Government

Aristotle identified three fundamental forms of government: monarchy, aristocracy, and polity, each distinguished by the number and nature of ruling individuals.

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Industrial Revolution's Role in Liberal States

The Industrial Revolution, by triggering significant socio-economic change, propelled the transition from absolute states to liberal states.

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Totalitarian vs. Authoritarian States

Totalitarian states are characterized by a dominant, ideologically driven one-party system, whereas authoritarian states maintain a weak party system that masks an authoritarian structure.

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Distribution of Power

The distribution of power in government refers to how authority is divided among constitutional bodies, outlining the balance and relationship between the judiciary, executive, and legislature.

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Chancellor's Role in Germany

The Chancellor, appointed by and accountable to the Bundestag, serves as Germany's head of government, responsible for day-to-day governance.

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Parliamentary Republic vs. Monarchy

Parliamentary republics, like Ireland, elect their head of state from within Parliament, while parliamentary monarchies, like the United Kingdom, have a hereditary head of state who serves for life.

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Power of Dissolution in Germany

The German President can dissolve the Bundestag under specific circumstances, such as failure to elect a Chancellor or a failed vote of confidence, presenting the only instances where parliamentary dissolution occurs.

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Vote of No Confidence

A vote of no-confidence expresses Parliament's lack of trust in the Prime Minister's ability to lead the government, leading to a potential change in leadership.

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Electoral College System

The Electoral College is a unique U.S. system for electing the President where states are assigned electors based on their congressional representation, and the candidate with the most votes in each state wins all of its electoral votes. A majority of 270 electoral votes is needed to win the presidency.

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Presidential vs. Parliamentary Executive

In presidential systems, like the United States, the President is both head of state and head of government, separate from the legislature, and subject to impeachment rather than a vote of no confidence.

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Impeachment

Impeachment is a formal process in presidential systems for accusing a government official of wrongdoing or abuse of power, leading to potential removal from office. It's a legal rather than a political process.

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Constitutional Court's Power over Parties

The German Basic Law and Chilean Constitution illustrate the power of constitutional courts to regulate political parties by declaring their unconstitutionality based on their manifesto or activities.

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Economic Policies of Absolute State

The absolute state, characterized by strong centralized monarchy, practiced interventionist economic policies through taxation and protectionism to promote national wealth and stability.

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Study Notes

Codified Constitutions

  • Italy (1948): Prevents return to monarchy; rigid, requiring special amendment procedures.
  • United States (1787): Originally a 'short' constitution, later expanded with a Bill of Rights; considered a 'long' constitution.

Codified vs. Uncodified Constitutions

  • Codified: Single written document outlining fundamental laws, principles, and government structure; top of legal hierarchy; rigid amendment process. Examples include the US Constitution (1787) and the Italian Constitution (1948).
  • Uncodified: Fundamental laws derived from multiple sources over time. Example: United Kingdom.

Semi-Codified Constitution

  • Canada: Classified as semi-codified because the Constitution Act (1867) is not fully applicable to Quebec. It's based on the North America Act (1867) and amended in 1982 with a charter of rights.

Judicial Precedents

  • Judicial precedents (case law) are previous court decisions that serve as authority for similar future cases. They play a crucial role in common law systems.

Written vs. Unwritten Sources of Law

  • Written: Laws explicitly laid out in documents (e.g., Acts of Parliament).
  • Unwritten: Laws derived from customs and traditions.

Judge Selection Differences

  • Common Law: Often appointed by executive branch or elected.
  • Civil Law: Selected through public examinations.

Constitutional Review

  • Definition: Process where a body compares subordinate legal sources to a constitution, potentially declaring unconstitutional laws that contradict it. Crucial in maintaining a rigid and codified constitution.

Functions of Constitutional/Supreme Courts

  • Certainty, equality, rule of law: Ensuring these principles in the legal system.
  • Resolving conflicts: Between central and decentralized government sectors.

Appointment vs. Election of Judges

  • Appointment: Judges nominated with limited legislative (parliament) input. Example: US appointment system (President needs Senate advice.)
  • Election: Legislative body (Parliament) has greater influence on the selection. Example: Germany (Bundestag and Bundesrat).

Greek Judicial Independence

  • Judges appointed by a Supreme Judicial Council composed of senior judges and legal experts, then appointed by the Greek President.

Judicial Review and Bonham's Case

  • Judicial Review: Process where courts declare laws unconstitutional.
  • Bonham's Case: Sir Edward Coke argued that Parliament's powers were limited by common law; if an act was unreasonable, it was void.

Judiciary Act of 1789 and Marbury v. Madison

  • The Judiciary Act established federal courts and the structure for judicial review.

Montesquieu vs. Rousseau on Judiciary

  • Montesquieu: Judges are interpreters; no law-making power.
  • Rousseau: Emphasized popular sovereignty; suggested a need for judicial oversight as part of the separation of powers.

Kelsen's Hierarchy of Norms

  • Hierarchy: Legal norms organized in a hierarchical structure, with the constitution at the top, ensuring all subordinate laws derive validity from it.

Constitutional Review's Importance

  • Constitutionality of statutes: Ensures that laws comply with the constitution, maintaining the hierarchy of legal sources and the rule of law.

Principaliter vs. Incidenter Judicial Review

  • Principaliter (Austrian): Independent review; initiated by petitions.
  • Incidenter (American): Review within a regular court proceeding.

Constitutional Complaints in Germany

  • Individuals can initiate review of actions by public authorities if they feel their rights are violated, after other legal avenues are exhausted.

Decentralized Constitutional Review in Common Law

  • Decentralized review means any judge can engage in reviewing constitutionality.
  • Stare Decisis: Judges must follow pre-existing precedents.
  • Supreme Court retains ultimate authority resolving disputes.

Constitutional Court Activism (Centralised Model)

  • Activism is a high level of input into judicial processes by constitutional courts.

Temporal Effects of Constitutional Review

  • Ex Tunc: Ruling applies from the moment the law was enacted.
  • Ex Nunc: Ruling applies from the time the ruling was made.

Constitutional Courts Banning Political Parties

  • Constitutional or supreme courts can declare and ban political parties based on their ideology and actions (i.e., Nazi sympathizing parties); Examples include Germany.

Absolute State Economic Policy

  • Interventionist policies with taxation and protectionism.

Philosopher on Types of Government

  • Aristotle distinguished between Monarchy, Aristocracy, and Polity.

Industrial Revolution and Liberal State

  • The industrial revolution fostered economic development, civil rights, and a greater sense of social responsibility, which lead to the Liberal State

Totalitarian vs. Authoritarian States

  • Totalitarian: Strong, ideological one-party system. (Distinction from Authoritarian's weaker party system)

Distribution of Power in Forms of Government

  • Evaluating relationships between branches of government (legislative, executive, judicial) describes how power is distributed.

Chancellor's Role in Germany

  • Appointed by the Bundestag with authority to lead day-to-day government.

Parliamentary Republic vs. Parliamentary Monarchy

  • Republic: Head of State elected, fixed term.
  • Monarchy: Head of State hereditary, life tenure.

Dissolution of German Bundestag

  • Dissolution conditions:
    • Failure to elect a Chancellor within 14 days;
    • Failure of a vote of confidence proposed by the Chancellor.

Vote of No Confidence in Spain

  • No-Confidence vote is part of the relationship between parliament and executive, if Parliament no longer believes that the Prime Minister can lead the government.
  • Spain's is "constructive," requiring a proposed replacement.

Electoral College in US

  • First-past-the-post system electing electors who choose the President, needing a majority of electors to win.

Presidential vs. Parliamentary Executives

  • Presidential: Head of State and Government combined in one role; separation of powers (president and legislature).
  • Parliamentary: Head of Government (Prime Minister) derives power/dependence from legislature (i.e., Parliament).

Impeachment in Presidential Systems

  • Formal accusation of wrongdoing; distinct from no-confidence vote.

Swiss Federal Council Term

  • Seven-member council with 4-year terms.

Bicephalous in Semi-Presidential System

  • Bicephalous system describes a combined Head of State and Head of Government roles.

Role of President in Semi-Presidential System

  • President appoints Prime Minister.

Sainte-Laguë Formula vs. D'Hondt

  • Sainte-Laguë uses a higher divisor than D'Hondt.

Mixed-Member Proportional (MMP) System

  • Combines elements of first-past-the-post and proportional representation.

UK House of Commons System

  • Uses a plurality (relative majority) single-member constituency system.

Proportional Representation Divisor/Quota

  • Divisor determines number of votes needed for a candidate or party to receive a certain number of seats.

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Test your knowledge about the differences between codified and uncodified constitutions, including examples from Italy, the United States, Canada, and the United Kingdom. Explore judicial precedents and understand their significance in constitutional law.

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