Podcast
Questions and Answers
What principle allows the infringement of constitutional rights during states of emergency?
What principle allows the infringement of constitutional rights during states of emergency?
Which of the following is NOT a method of international intervention during a constitutional crisis?
Which of the following is NOT a method of international intervention during a constitutional crisis?
What must be assessed to determine if the infringement of rights was justified in a state of emergency?
What must be assessed to determine if the infringement of rights was justified in a state of emergency?
Which of the following describes a legitimate exercise of popular sovereignty?
Which of the following describes a legitimate exercise of popular sovereignty?
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What does judicial review of proportionality primarily check?
What does judicial review of proportionality primarily check?
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What is the primary purpose of constitutionalism?
What is the primary purpose of constitutionalism?
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Which branch is NOT primarily involved in the separation of powers?
Which branch is NOT primarily involved in the separation of powers?
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How does a state of emergency differ from a constitutional crisis?
How does a state of emergency differ from a constitutional crisis?
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Which of the following best describes constitutional ambiguity?
Which of the following best describes constitutional ambiguity?
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What does the principle of proportionality involve during a state of emergency?
What does the principle of proportionality involve during a state of emergency?
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Which method of constitutional interpretation emphasizes the intent of the framers?
Which method of constitutional interpretation emphasizes the intent of the framers?
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What is a common consequence of the non-feasibility of constitutional provisions?
What is a common consequence of the non-feasibility of constitutional provisions?
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Which type of argumentation relies on previous court decisions?
Which type of argumentation relies on previous court decisions?
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What event marked the beginning of modern public international law?
What event marked the beginning of modern public international law?
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Who is known as the 'father of international law'?
Who is known as the 'father of international law'?
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Which of the following is NOT typically governed by public international law?
Which of the following is NOT typically governed by public international law?
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What was a key outcome of the Peace of Westphalia?
What was a key outcome of the Peace of Westphalia?
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Which of the following would qualify as an actor in public international law?
Which of the following would qualify as an actor in public international law?
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What was one of the key objectives of the United Nations when it was established?
What was one of the key objectives of the United Nations when it was established?
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Which international organization is based in The Hague?
Which international organization is based in The Hague?
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Which of the following describes the role of the Security Council during the Cold War?
Which of the following describes the role of the Security Council during the Cold War?
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Which group primarily acts as subjects of public international law?
Which group primarily acts as subjects of public international law?
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What significant change did the establishment of the United Nations bring compared to its predecessors?
What significant change did the establishment of the United Nations bring compared to its predecessors?
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What area does the UN Special Committee on Decolonization primarily address?
What area does the UN Special Committee on Decolonization primarily address?
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What legal personality do international organizations possess?
What legal personality do international organizations possess?
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Individuals possess international rights and obligations primarily through which type of legal instruments?
Individuals possess international rights and obligations primarily through which type of legal instruments?
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What does Article 2(1) of the UN Charter state regarding states?
What does Article 2(1) of the UN Charter state regarding states?
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Which of the following is NOT considered an ongoing subject of debate concerning international law?
Which of the following is NOT considered an ongoing subject of debate concerning international law?
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Which entity is notably recognized for its legal personality and obligations under international law?
Which entity is notably recognized for its legal personality and obligations under international law?
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What is a primary characteristic of the rights held by indigenous peoples under international law?
What is a primary characteristic of the rights held by indigenous peoples under international law?
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What does the concept of 'internal self-determination' refer to?
What does the concept of 'internal self-determination' refer to?
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What is one of the functions of the International Court of Justice?
What is one of the functions of the International Court of Justice?
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Study Notes
Sources and Management of Constitutional Crises
- Constitutionalism: Limiting government power through a constitution. This involves separating powers among branches (legislature, executive, judiciary) and levels of government (central vs. lower). It also regulates the impact of international law within the state.
Constitutional Crises
- Definition: Moments where decision-makers struggle to manage societal conflicts while remaining within constitutional boundaries.
Sources of Constitutional Crises
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States of Emergency: Special situations requiring swift action, allowing special powers to state agents (mostly executive). The constitution often allows for limited overrides of normal checks and balances during emergencies. The proportionality principle demands actions are necessary and proportionate.
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Non-feasibility of Constitutional Provisions: Constitutional documents may contain rules but become impossible to enforce practically.
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Constitutional Silence: Absence of explicit constitutional guidance on a particular issue.
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Constitutional Ambiguity: Vague or multiple possible interpretations of constitutional provisions. Literal meaning from the provided text (and sentence structure) holds priority.
Approaches to Constitutional Argumentation/Interpretation
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Textual and Structural Argumentation: Focuses on exact words and the relationships of those words, chapters, and sections in the constitutional document.
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Purpose Argumentation: Considers the intended goals and reasoning behind the document’s creation.
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Judicial Precedent: Evaluates previous court rulings that have interpreted the constitution, looking for consistency.
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Political Custom and Tradition: Examines long-established political practices.
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Honored Authority Arguments: Draws on the opinions of respected legal experts.
Opportunities for Managing Constitutional Crises
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Judicial Review of Proportionality: Courts assess whether actions taken in emergency situations are proportionate to their goals. This includes questioning proper standing, the necessity of the infringement, and if the extent of infringement is minimal.
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International Pressure/Involvement: International pressure (diplomatic or military involvements/sanctions) may increase, potentially leading to:
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Suspension of affiliation
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Selective sanctions
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Diplomatic intervention
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Military intervention
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Exercise of Popular Sovereignty: Constitutional rights to protest and popular uprisings can contribute—but the legitimacy of actions is questioned. The legal analysis of the proper methods to achieve a change of power during an emergency, including through elections, is essential.
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Description
Explore the complexities of constitutional crises and the factors contributing to them. This quiz delves into the essence of constitutionalism, the impact of states of emergency, and the challenges of enforcing constitutional provisions. Test your understanding of how these elements affect governance and rule of law.
