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Questions and Answers
Which of the following is a characteristic of a codified constitution?
Which of the following is a characteristic of a codified constitution?
The United States Constitution is considered uncodified.
The United States Constitution is considered uncodified.
False
Name one example of a codified constitution.
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.
The Canadian constitution is classified as ______ because it is not applicable to the province of Quebec.
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Which of the following best describes judicial precedents?
Which of the following best describes judicial precedents?
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A written source of law is typically established through Acts of Parliament.
A written source of law is typically established through Acts of Parliament.
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What is a key feature of Italy's constitution?
What is a key feature of Italy's constitution?
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Match the following constitutions with their classification:
Match the following constitutions with their classification:
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What is the term length for members of the Swiss Federal Council?
What is the term length for members of the Swiss Federal Council?
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The President of the Confederation serves a term of four years in the Swiss Federal Council.
The President of the Confederation serves a term of four years in the Swiss Federal Council.
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What does the term 'bicephalous' refer to in a semi-presidential system?
What does the term 'bicephalous' refer to in a semi-presidential system?
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The UK House of Commons utilizes a ______ system for elections.
The UK House of Commons utilizes a ______ system for elections.
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Which electoral system combines first-past-the-post and proportional representation?
Which electoral system combines first-past-the-post and proportional representation?
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The Sainte-Laguë formula allocates seats using a higher divisor than the D'Hondt method.
The Sainte-Laguë formula allocates seats using a higher divisor than the D'Hondt method.
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What is the function of a divisor or quota in a Proportional Representation system?
What is the function of a divisor or quota in a Proportional Representation system?
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Match the following terms with their definitions:
Match the following terms with their definitions:
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In Civil Law systems, how are judges typically selected?
In Civil Law systems, how are judges typically selected?
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Constitutional review involves comparing legal sources subordinate to the constitution with a flexible constitution.
Constitutional review involves comparing legal sources subordinate to the constitution with a flexible constitution.
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What is judicial review?
What is judicial review?
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The system of judicial selection in Greece is overseen by a ________ composed of senior judges and legal experts.
The system of judicial selection in Greece is overseen by a ________ composed of senior judges and legal experts.
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Match the following concepts with their definitions:
Match the following concepts with their definitions:
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What distinguishes appointment-based systems from election-based systems in selecting judges?
What distinguishes appointment-based systems from election-based systems in selecting judges?
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Rousseau believed that the judiciary should strictly interpret laws rather than influence the legislative process.
Rousseau believed that the judiciary should strictly interpret laws rather than influence the legislative process.
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What is the significance of the Judiciary Act of 1789 in Marbury v. Madison?
What is the significance of the Judiciary Act of 1789 in Marbury v. Madison?
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Kelsen's 'Hierarchy of Norms' ensures that laws derive their validity from the ________.
Kelsen's 'Hierarchy of Norms' ensures that laws derive their validity from the ________.
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Match the type of judicial review with its description:
Match the type of judicial review with its description:
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Which of the following best describes the role of 'constitutional complaints' in Germany?
Which of the following best describes the role of 'constitutional complaints' in Germany?
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The decentralized model of constitutional review in common law systems requires only Supreme Courts to perform the review.
The decentralized model of constitutional review in common law systems requires only Supreme Courts to perform the review.
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What does 'activism' of constitutional courts refer to?
What does 'activism' of constitutional courts refer to?
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The term ________ applies when a ruling is binding from the moment it is made.
The term ________ applies when a ruling is binding from the moment it is made.
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Which constitutional court power allows the prohibition of political parties?
Which constitutional court power allows the prohibition of political parties?
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The Absolute State is characterized by laissez-faire economic policies.
The Absolute State is characterized by laissez-faire economic policies.
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Which philosopher distinguished between Monarchy, Aristocracy, and Polity?
Which philosopher distinguished between Monarchy, Aristocracy, and Polity?
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The _____ Revolution acted as a catalyst for the establishment of the Liberal State.
The _____ Revolution acted as a catalyst for the establishment of the Liberal State.
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Match the form of government to its definition:
Match the form of government to its definition:
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What is the role of the Chancellor in Germany's parliamentary system?
What is the role of the Chancellor in Germany's parliamentary system?
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In a parliamentary republic, the head of state serves for life.
In a parliamentary republic, the head of state serves for life.
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What triggers the power of dissolution in the German political system?
What triggers the power of dissolution in the German political system?
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In Spain, a vote of no-confidence must propose a _____ for the Prime Minister.
In Spain, a vote of no-confidence must propose a _____ for the Prime Minister.
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Match the political systems with their characteristics:
Match the political systems with their characteristics:
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What is required for a presidential candidate to win the U.S. elections?
What is required for a presidential candidate to win the U.S. elections?
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Impeachment is similar to a vote of no-confidence in presidential systems.
Impeachment is similar to a vote of no-confidence in presidential systems.
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What distinguishes the presidential executive from the parliamentary executive?
What distinguishes the presidential executive from the parliamentary executive?
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The strong party system typical of a Totalitarian State is typically based on a _____ ideology.
The strong party system typical of a Totalitarian State is typically based on a _____ ideology.
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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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Description
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.
