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Questions and Answers
What is a primary function of the German Federal Constitutional Court?
What is a primary function of the German Federal Constitutional Court?
In Latvia, judges are confirmed by the Parliament for a lifetime without the possibility of impeachment.
In Latvia, judges are confirmed by the Parliament for a lifetime without the possibility of impeachment.
False
What is the year of establishment of the Latvian Constitutional Court?
What is the year of establishment of the Latvian Constitutional Court?
1996
The judges of the United States federal courts hold their offices during good _____
The judges of the United States federal courts hold their offices during good _____
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Match the following countries with their key characteristics of the judicial system:
Match the following countries with their key characteristics of the judicial system:
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Which of the following statements is true regarding the selection of judges in Latvia?
Which of the following statements is true regarding the selection of judges in Latvia?
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The U.S. judicial system consists of a single government mandated constitutional court.
The U.S. judicial system consists of a single government mandated constitutional court.
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What distinguishes the judges of the German Federal Constitutional Court from those of ordinary courts?
What distinguishes the judges of the German Federal Constitutional Court from those of ordinary courts?
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What does the Basic Norm represent in a positive legal order?
What does the Basic Norm represent in a positive legal order?
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The Basic Norm refers to positive law.
The Basic Norm refers to positive law.
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What is the method for removing a Chancellor in Germany?
What is the method for removing a Chancellor in Germany?
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What is the other term for the Basic Norm as introduced by Kelsen?
What is the other term for the Basic Norm as introduced by Kelsen?
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A Chancellor in Germany can be directly voted out by the Bundestag without proposing a successor.
A Chancellor in Germany can be directly voted out by the Bundestag without proposing a successor.
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The Basic Norm guides the entire legal system based on the principles emanating from it, such as ___ or ___ democracies.
The Basic Norm guides the entire legal system based on the principles emanating from it, such as ___ or ___ democracies.
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Match the following concepts related to Kelsen's theory of law:
Match the following concepts related to Kelsen's theory of law:
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What role does the Federal President play in the selection of the Chancellor in Germany?
What role does the Federal President play in the selection of the Chancellor in Germany?
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In the United States, the President may only be removed from office through __________.
In the United States, the President may only be removed from office through __________.
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Which of the following statements about the Basic Norm is true?
Which of the following statements about the Basic Norm is true?
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Match the following roles with their respective countries:
Match the following roles with their respective countries:
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Each legal system shares the same Basic Norm.
Each legal system shares the same Basic Norm.
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What aspect of the Basic Norm has Kelsen amended several times?
What aspect of the Basic Norm has Kelsen amended several times?
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Which statement accurately describes the legislative function of the executive in Latvia?
Which statement accurately describes the legislative function of the executive in Latvia?
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In Latvia, independent institutions are not subject to supervision by the Cabinet.
In Latvia, independent institutions are not subject to supervision by the Cabinet.
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What parameter is essential for removing a President in the United States?
What parameter is essential for removing a President in the United States?
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What does Article VI, Clause 2 of the US Constitution establish as the supreme law?
What does Article VI, Clause 2 of the US Constitution establish as the supreme law?
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A party may justify a failure to perform a treaty based on its internal law according to Article 27 of the Vienna Convention.
A party may justify a failure to perform a treaty based on its internal law according to Article 27 of the Vienna Convention.
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What is required for Latvia to decide on its membership in the European Union?
What is required for Latvia to decide on its membership in the European Union?
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What is required for the Saeima to ratify international agreements in Latvia?
What is required for the Saeima to ratify international agreements in Latvia?
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Article 24(1) of the German Federal Constitution allows the Federation to transfer __________ to international organizations.
Article 24(1) of the German Federal Constitution allows the Federation to transfer __________ to international organizations.
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In Latvia, all international agreements automatically take precedence over national laws without ratification.
In Latvia, all international agreements automatically take precedence over national laws without ratification.
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Which article of the Satversme outlines the President's role in international relations?
Which article of the Satversme outlines the President's role in international relations?
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Match the following countries with their relevant constitutional articles regarding EU membership:
Match the following countries with their relevant constitutional articles regarding EU membership:
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In Latvia, if there is a conflict between a ratified international treaty and a national law, the __________ provisions shall apply.
In Latvia, if there is a conflict between a ratified international treaty and a national law, the __________ provisions shall apply.
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What did Justice Scalia imply about the incorporation of other nations' views in US law?
What did Justice Scalia imply about the incorporation of other nations' views in US law?
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The EU treaties can be easily separated from domestic law in the UK.
The EU treaties can be easily separated from domestic law in the UK.
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How many eligible voters participated in the Latvian referendum for EU membership?
How many eligible voters participated in the Latvian referendum for EU membership?
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What type of international obligations is NOT mentioned in Article 38 of the State of the International Court of Justice?
What type of international obligations is NOT mentioned in Article 38 of the State of the International Court of Justice?
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The President of the US requires only a simple majority of Senators to make treaties.
The President of the US requires only a simple majority of Senators to make treaties.
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What principle allows federal statutes in Germany to supersede international treaties?
What principle allows federal statutes in Germany to supersede international treaties?
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Which of the following is considered the basis of all fundamental rights?
Which of the following is considered the basis of all fundamental rights?
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The right to own property can never be restricted under any circumstances.
The right to own property can never be restricted under any circumstances.
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Name one legitimate aim that allows for interference with the right to private life according to Article 8.
Name one legitimate aim that allows for interference with the right to private life according to Article 8.
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Everyone has the right to liberty and security of person, except in cases of lawful __________ for prevention of disease.
Everyone has the right to liberty and security of person, except in cases of lawful __________ for prevention of disease.
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Match the following restrictions with their purposes:
Match the following restrictions with their purposes:
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What should be examined to determine if a legal restriction is in accordance with the law?
What should be examined to determine if a legal restriction is in accordance with the law?
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In assessing the necessity of a restriction in a democratic society, it's important to describe its potential benefits.
In assessing the necessity of a restriction in a democratic society, it's important to describe its potential benefits.
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What are the two main forms of limitations on human rights?
What are the two main forms of limitations on human rights?
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Study Notes
Grades
- Mid-term exam - 40%
- Final exam - 40%
- Course paper #1 - 10%
- Course paper #2 - 10%
Natural Law
- Originated in Ancient Greece and Rome (Demokritos, Socrates, Plato, etc.)
- Middle Ages (Thomas Aquinas); new era (Grotius, Rousseau, Hobbes, Locke, Voltaire, Spinoza, Montesquieu, Kant)
- Law originates from nature, god, justice, reason, conscience.
Features of Natural Law
- Natural and inalienable human rights exist in unwritten form, regardless of state power.
- Determines the difference between "law" and "justice", "natural law" and "positive law" (law created by the legislator).
- Conceptually connects law and morality – natural law is a legal norm as of its structure and a moral norm as of its content.
Natural Law, Problems
- Competence - Who decides what natural law is?
- John Locke - natural law requires a democratic state.
- Sir Robert Filmer - opposed to Locke's view regarding natural law.
- Etienne-Gabriel Morelly - property is not necessary for a just society.
- Richard Cumberland - private property is required by natural law.
Legal Positivism
- Developed as an opposition to natural law.
- Law originates from written legal texts adopted by the state.
- Law is considered a closed system, separate from justice based on written legal acts.
- Law and justice are the same, found only in written legal acts.
Legal Positivism - Problems
- State despotism
- Laws that violate morality
- Protecting minorities
Basic Norm - The Concept
- H. Kelsen, The Pure Theory of Law
- Legal norms are followed due to a higher norm.
- The highest norm is God's will or Nature's law.
- The Basic Norm is the fundamental norm of a positive legal order (that creating act of will of the first constitution).
Basic Norm - The Effect
- The sovereign's will defines the content of the Basic Norm.
- Kelsen stated the basic norm is a hypothetical assumption of the regulations which define the procedure.
- The basic norm is an unwritten norm, the act of the sovereign’s will, transforming into legal acts by state institutions.
- Validity comes from the assumption that people apply, and/or follow law.
- Sovereign's will establishes the type of legal order relevant for the country.
Basic Norm - The Criticism
- Kelsen amended the theory of the basic norm.
- Difficult to reconcile legal systems (national vs. international).
- The Basic Norm is a concept, so one cannot observe it directly.
- Issues to resolve in direct democracy include number and nature of issues, costs, and who asks questions and protects minorities
Legislative Branch
- Different countries have various legislative branch systems, with Germany and Latvia each having two chambers, and the United States having two as well.
- Individual details regarding the makeup of each branch are found in those countries respective sections.
Legislative Process
- Promulgation -
- e.g. in Latvia, everyone can propose laws on the internet.
- The promulgator can refuse to promulgate based on unconstitutionality.
- Reasons for refusal are required, but there are exceptions.
- Dismissal - Dismissal of the legislator can be initiated by the president or a certain number of signatures from (the people).
Executive Branch
- Germany, Latvia, and the US have differing executive branch structures and processes.
- Each country's unique details are contained within the respective section dealing with that country's executive branch structure.
Election/Appointment
- Details regarding the election/appointment processes for each country (Germany, Latvia, and the US) are included in their respective sections.
Political/Other Responsibility
- The constitutional basis for executive actions in Latvia is the confidence of the parliament.
- The executive (e.g. Latvia or Germany) has to counter-sign, although in the US, the system is different for the same actions.
Dismissal of the Executive
- In Latvia, the Prime Minister can request a vote of confidence from the parliament.
- The parliament can also initiate a vote of no confidence.
Judiciary
- What judges do: Ordinary disputes, and disputes between constitutional organs, including judicial review of the laws of various hierarchies.
- Origins of Judicial Review: Marbury v. Madison (US Supreme Court, 1803) established the power of judicial review.
- Functioning of Judicial Review: Constitutional court as a negative / judicial legislator.
- Centralized vs. Decentralized Judicial Review: Centralized (e.g., Germany, Latvia, Austria), Decentralized (e.g., US, Argentina, Norway).
- Hybrid/Abstract vs. Concrete Review: Lower courts can refuse to apply unconstitutional law, but the highest court can invalidate laws (Latin America). Abstract review considers the law itself (Germany, Latvia), concrete review considers the law's application to a specific case (US, Norway).
Judicial System - Germany
- The constitution established the Federal Constitutional Court and supreme federal courts.
- Many ordinary, labour, administrative, tax, and social courts were set up by the legislature.
- Supreme federal judges are selected by the Judicial Election Committee, made up of representatives.
- Judges are appointed for life but may be impeached.
Judicial System - Latvia
- The Constitution only defines three levels of courts.
- The legislature set up other institutions (e.g., land register judges).
- Judges have limited term and can be revoked (after specified review period).
- The Judicial and Constitutional Courts are established based on certain conditions and requirements.
Judicial System - United States
- Article III of the Constitution established a supreme court and inferior courts.
- Federal judges are nominated by the President.
- The Senate confirms nominations.
- Judges hold office during good behavior.
- There is no constitutional court.
Who Selects Judges
- US: Presidents are nominated, but it can be politicized.
- Length of judge's term: lifetime or limited time.
Fairness of Judges
- Independence (e.g., high salaries).
- Stability and impartiality (in a particular case).
- Qualifications (formal education may be required in some countries).
- Personal characteristics (e.g. bias or prejudices).
Controlling Judges
- Behavior that is viewed as unacceptable must be clearly stated in law.
- Limited term of office
- Direct responsibility before voters to limit unpopular decisions.
Separation of Powers
- Montesquieu: Laws are the eyes of the prince.
- Executive, legislative and judiciary (in different states, and some cases, more or less than these three).
- De l'Esprit des Loix (1748) - Aim: study of government with focus on limits of arbitrary power.
Constitutional Law and International Law - Germany
- Article 59 of the German Federal Constitution.
- International law takes precedence over the norms of the state.
- Treaties with the rank of (ordinary) federal statutes can be superseded if contradicted by subsequent laws.
- Treaty power.
- Federal treaties.
Constitutional Law and International Law - Latvia
- Article 13 of the Law on International Treaties of the Republic of Latvia.
- International treaties take precedent in case conflicts with domestic legislation.
Constitutional Law and International Law - The US
- Article VI, Clause 2 of the US Constitution.
- The Constitution and laws made by the US supersede state laws on matters of treaties.
- Judges in every state are subject to this.
Constitutional Law and EU Law - Germany
- Article 24(1) of the German Federal Constitution.
- State may transfer sovereign power.
- Provides the legal basis for joining the ECSC.
Constitutional Law and EU Law- Latvia
- Article 68 of the Satversme.
- Referendum about EU membership: the Saeima proposed the referendum and 71 % of voters participated.
Constitutional Law and EU Law-UK
- Government ministers signed a treaty of accession for the UK.
- This provided the UK to become a member of the EEC.
- This involved an accession treaty.
Joining the EU- Creeping, Germany and Latvia
- The constitutionality requirements vary across the EU member nations.
- Details for Germany and Latvia are available in the respective sections of this document.
Controlling the Powers of the EU- National Identities
- TEU, Article 4 (2)
- Respects the equality of member states and their national identities.
- National security remains the sole responsibility of the member state.
Controlling the Powers of the EU- Subsidiary and Proportionality
- TEU, Article 5 (3) and (4).
- The Union acts only when objectives are not satisfactorily met at the member state level.
- EU action content and form must not exceed what is necessary to achieve the objectives.
Exiting the EU
- Article 50 of the TEU
- Member state may withdraw from the EU, in accordance with its constitutional requirements.
- A Member State must notify the European Council to initiate the exit process.
Human Rights
- Article 1 of the German Federal Constitution.
- Human dignity is inviolable. This is the duty of all state authority.
Case Study of Failing Students
- Students must decide about selecting three students who would fail a course.
- The criteria must satisfy the majority of class members.
Development of HRs – Judges' Law
- US Supreme Court Chief Justice, quoted on the importance of the judiciary, and how judges view the Constitution.
Development of HRs – Living Instrument
- European Court of Human Rights stated that the European Convention on Human Rights is an instrument which must be interpreted in the light of today's circumstances.
Human Rights in Practice
- Vertical/horizontal directions of Human Rights.
- The State must respect human rights
- Limitations of HRs are inherent, stemming from inherent nature of rights themselves, conflicts between rights, or a list of particular limitations.
Definition of ill-treatment (example for the first point)
- No abuse of torture or inhuman/degrading treatment.
- All cases are judged according to Article 3 of the European Convention on Human Rights.
Limitation of HRs – Conflicts Between Rights
- The courts should consider the unity of values under the fundamental system of rights.
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Description
Test your knowledge on the functions and characteristics of constitutional courts, with a focus on Germany and Latvia. This quiz covers topics such as the selection and removal of judges, as well as the role of the Basic Norm in legal systems. Challenge yourself on key aspects of various judicial systems around the world.
