Constitution Theory Class: Systems of Government

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40 Questions

What does the concept of equality imply?

No arbitrary discrimination

Where is the principle of equality mentioned in the Constitution?

Article 15, number 2

What is the main idea behind the concept of 'forming citizenship'?

Broad participation of citizens

Who is credited with the theory of 'separation of functions'?

Montesquieu

What is the characteristic of 'legitimate authority'?

Consent of the governed

What is the purpose of a constitution in achieving 'separation of functions'?

To provide a framework for control mechanisms

What is one of the characteristics of universal suffrage?

Eliminating discrimination based on cultural background

What is the definition of government according to the RAE?

The action or effect of governing or governing oneself

What is the perception of political parties in the context of governance?

A necessary evil

Why was the right to vote made obligatory in Chile?

Due to the lack of citizen participation

What is the fundamental aspect of a system of government?

The relationship between the executive and legislative branches

What does the principle of 'personal' suffrage imply?

No one can vote on another's behalf

What is a consequence of having an 'equal' suffrage?

Each vote has the same value

What is the definition of democracy?

A form of procedure, a set of rules for collective decision-making that allows for broad participation

What does the 'secret' suffrage principle guarantee?

Only the voter knows who they voted for

What is the characteristic of direct democracy?

The people govern themselves directly

What is the origin of representative democracy?

Inglaterra in the 17th century

What is a characteristic of direct suffrage?

Citizens vote directly for their preferred candidates

What is the fundamental principle of representative democracy?

The principle of national sovereignty

According to Art 16, who can be suspended from exercising their right to vote?

Citizens accused of a crime that merits a imprisonable offense

Who exposed the concept of representative democracy?

Montesquieu

What is implied by the 'informed' suffrage principle?

Citizens are informed about political campaigns and their programs

What is the characteristic of semi-direct democracy?

A mix of direct and representative democracy

What type of democracy does Chile have?

Representative democracy

What is the main purpose of Constitutionalism?

To limit the power of the monarch

What is the characteristic of a monarchical government according to Aristotle?

A government of one person, with hereditary succession

What is the definition of an excess or abuse of power?

When a state organ exercises a power that is not assigned to it

What is the characteristic of a democratic government according to Aristotle?

A government of all or of the people

What is the definition of a power vacuum?

When a state organ does not exercise its assigned function

What is the characteristic of a republican government?

A government of all or of the people with elected representatives

What is demagogia according to Aristotle?

A practice of government that favors irrational aspirations

What is the characteristic of an aristocratic government according to Aristotle?

A government of a few, with the best rulers

What is the time period for recovering the right to suffrage after being declared by the Tribunal?

5 years

What is the result of losing citizenship in Chile?

Loss of suffrage

What type of suffrage is characterized by having certain restrictions based on income or property?

Censitario suffrage

What is the term used to describe a person who loses their reason due to a physical or mental condition?

Demencia

Which type of suffrage allows citizens to have supplementary votes based on their economic or cultural position?

Plural suffrage

What is the term used to describe a system where a single vote can be cast in different physical locations?

Multiple suffrage

What type of suffrage does not impose any penalties for not voting?

Facultative suffrage

What is the classification of suffrage that is based on a person's level of education or culture?

Sufragio de capacidades

Study Notes

Systems of Government

  • The system of government is determined by the relationship between the executive and legislative powers.
  • There are two main types of systems: democracy and other political regimes.

Democracy

  • Definition: A form of life that combines respect for individuals, tolerance, criticism, and self-criticism.
  • A set of rules for collective decision-making that allows for broad participation.
  • Types of democracy:
    • Direct democracy: The people govern themselves (autogovernment), originated in Greece but is currently inapplicable.
    • Representative democracy: A combined form of direct democracy, where people elect representatives through universal suffrage or direct voting.
    • Semi-direct democracy: A mixed form of democracy, also known as representative democracy.

Characteristics of Representative Democracy

  • Election of representatives
  • Representation of the entire nation
  • Representation and political parties
  • Constitutionalism and the rule of law
  • Founded on the principle of national sovereignty
  • Chile has a representative democracy.

Other Political Regimes

  • Aristocracy: Government of the few, or the best.
  • Monarchy: Government of one person, with a hereditary and vital position.
  • Tyranny: Government of one person who seeks their own individual benefit.
  • Oligarchy: Government of a few people.
  • Demagogy: A political practice that favors and stimulates irrational aspirations.

Constitution and the Rule of Law

  • The theory of "separation of juridical functions" was created by Montesquieu.
  • A constitution with control mechanisms is necessary to achieve the separation of juridical functions.
  • Authority must have two characteristics: legal and legitimate.
  • Legitimacy is achieved through elections and consent of the governed.

Government and Power

  • Definition: The exercise of political power, which is divided into three aspects: RAE, science, and politics.
  • Types of government:
    • Pure forms: Monarchy, aristocracy, and democracy.
    • Impure forms: Tyranny, oligarchy, and demagogy.
  • Excess or abuse of power: When a state organ exceeds its competence or uses its power beyond its limits.
  • Vacancy of power: When a state function is not exercised by the designated organ.

Suffrage

  • Characteristics:
    • Personal: Cannot be exercised through others.
    • Equal: Each vote has the same value.
    • Secret: Only the voter knows who they voted for.
    • Direct: The elector votes directly for a candidate.
    • Informed: The voter is informed about the political actors and their programs.
  • Suspension of suffrage: Can be suspended due to interdiction, accusation, or conviction.
  • Types of suffrage:
    • Restricted: Limited to certain groups or individuals.
    • Universal: All citizens have the right to vote, regardless of economic, cultural, or social status.
    • Plural: Citizens have multiple votes or supplementary votes.
    • Singular: Each elector has only one vote.
    • Multiple: Citizens can vote in different locations.
    • Facultative: Voting is not mandatory, and omission is not sanctioned.

Explore the relationship between the executive and legislative powers in different systems of government, including democratic and other political regimes.

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