Constitutional Crises Management

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Questions and Answers

What principle allows the infringement of constitutional rights during states of emergency?

  • Tradition and custom principle
  • Unnecessary means principle
  • Supreme authority principle
  • Proportionality principle (correct)

Which of the following is NOT a method of international intervention during a constitutional crisis?

  • Selective Sanctions
  • Suspension of Affiliation
  • Judicial Review (correct)
  • Military Intervention

What must be assessed to determine if the infringement of rights was justified in a state of emergency?

  • Extent of infringement compared to benefit (correct)
  • Political affiliations of the actors
  • Historical precedents of similar cases
  • Public opinion on the infringement

Which of the following describes a legitimate exercise of popular sovereignty?

<p>Constitutional Right to Protest (D)</p> Signup and view all the answers

What does judicial review of proportionality primarily check?

<p>Necessity and extent of rights infringement (C)</p> Signup and view all the answers

What is the primary purpose of constitutionalism?

<p>To guarantee the rights of citizens (D)</p> Signup and view all the answers

Which branch is NOT primarily involved in the separation of powers?

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

How does a state of emergency differ from a constitutional crisis?

<p>Constitutional crises arise from the inability to manage conflicts under the constitution (A)</p> Signup and view all the answers

Which of the following best describes constitutional ambiguity?

<p>Complex meanings that require interpretation (A)</p> Signup and view all the answers

What does the principle of proportionality involve during a state of emergency?

<p>Justifying actions taken by the government (D)</p> Signup and view all the answers

Which method of constitutional interpretation emphasizes the intent of the framers?

<p>Argument Based on Purpose (C)</p> Signup and view all the answers

What is a common consequence of the non-feasibility of constitutional provisions?

<p>Potential for constitutional crises (B)</p> Signup and view all the answers

Which type of argumentation relies on previous court decisions?

<p>Argument Based on Judicial Precedent (B)</p> Signup and view all the answers

What event marked the beginning of modern public international law?

<p>The Peace of Westphalia (D)</p> Signup and view all the answers

Who is known as the 'father of international law'?

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

Which of the following is NOT typically governed by public international law?

<p>Private contracts between individuals (B)</p> Signup and view all the answers

What was a key outcome of the Peace of Westphalia?

<p>Vesting sovereign power in territorial units (D)</p> Signup and view all the answers

Which of the following would qualify as an actor in public international law?

<p>Sovereign states (B), Non-governmental organizations (C)</p> Signup and view all the answers

What was one of the key objectives of the United Nations when it was established?

<p>To maintain international peace and security (C)</p> Signup and view all the answers

Which international organization is based in The Hague?

<p>Permanent Court of Justice (A)</p> Signup and view all the answers

Which of the following describes the role of the Security Council during the Cold War?

<p>Paralysis due to division of blocs (C)</p> Signup and view all the answers

Which group primarily acts as subjects of public international law?

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

What significant change did the establishment of the United Nations bring compared to its predecessors?

<p>A shift from European-centric to global concerns (B)</p> Signup and view all the answers

What area does the UN Special Committee on Decolonization primarily address?

<p>Facilitating self-determination for peoples (B)</p> Signup and view all the answers

What legal personality do international organizations possess?

<p>Limited legal personality for specific duties (A)</p> Signup and view all the answers

Individuals possess international rights and obligations primarily through which type of legal instruments?

<p>Human rights treaties (C)</p> Signup and view all the answers

What does Article 2(1) of the UN Charter state regarding states?

<p>All states are equal in terms of international legal personality (A)</p> Signup and view all the answers

Which of the following is NOT considered an ongoing subject of debate concerning international law?

<p>Humanitarian assistance provisions (D)</p> Signup and view all the answers

Which entity is notably recognized for its legal personality and obligations under international law?

<p>International organizations and states (C)</p> Signup and view all the answers

What is a primary characteristic of the rights held by indigenous peoples under international law?

<p>Right to self-determination (D)</p> Signup and view all the answers

What does the concept of 'internal self-determination' refer to?

<p>Self-governance within a state (B)</p> Signup and view all the answers

What is one of the functions of the International Court of Justice?

<p>Advising on state disputes and legal questions (B)</p> Signup and view all the answers

Flashcards

Proportionality Principle

States can limit constitutional rights only when the limitation is necessary and proportionate to achieving a legitimate public goal.

Judicial Review of Proportionality

Courts assess if a state's actions during an emergency are proportional to the public purpose.

Constitutional Right to Protest

Citizens have the right to express dissent or support through public demonstrations.

International Pressure

Countries can affect other nations by suspending relationships, imposing sanctions, or diplomatic intervention.

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Popular Uprisings

Mass uprisings by citizens aimed at changing the government in response to issues/policies.

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Constitutional Crisis

A moment when decision-makers struggle to manage societal conflicts within the constitution's boundaries.

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State of Emergency

A special situation requiring prompt action, often allowing the executive branch special powers, limited by the proportionality principle.

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Constitutional Silence

A scenario where the constitution doesn't offer specific guidance on a particular matter.

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Constitutional Ambiguity

The constitution's unclear wording or phrasing, causing various interpretations.

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Constitutional Interpretation

Analyzing and explaining the meaning of the constitution's provisions.

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Express Meaning

The clear and direct meaning of the words in the constitution (text and syntax).

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Implied Meaning

The meaning derived from the constitution's structure and relationships between different parts.

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Constitutional Argumentation

Methods of presenting (giving) arguments to interpret and explain a constitutional provision.

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Public International Law

A set of rules and principles that govern relations between countries and other entities with international legal personality.

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Westphalia Peace Treaty

A treaty signed in 1648 that marked the end of the Thirty Years' War and established the modern state system.

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Sovereign States

Independent countries with the authority to govern themselves and make their own decisions.

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Hugo Grotius

A 17th-century Dutch jurist considered the father of international law, who wrote key texts on the law of armed conflict, treaties, and freedom of the seas.

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International Legal Personality

The capacity of an entity, such as a state or an organization, to have rights and obligations under international law.

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Universal Postal Union (UPU)

An international organization established in 1874 to standardize postal services and regulations across different countries.

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International Committee of the Red Cross (ICRC)

A humanitarian organization established in 1863 to protect and assist victims of armed conflict and other situations of violence.

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Permanent Court of Arbitration (PCA)

An international organization established in 1899 to provide a forum for resolving international disputes through arbitration.

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League of Nations

An intergovernmental organization formed after World War I to promote international cooperation and prevent future wars.

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United Nations (UN)

An intergovernmental organization established after World War II to maintain international peace and security, promote economic and social development, and protect human rights.

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General Assembly (UN)

The main deliberative organ of the UN, composed of all member states, responsible for discussing and making recommendations on a wide range of issues.

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Security Council (UN)

The UN organ responsible for maintaining international peace and security, composed of 15 member states.

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International Court of Justice (ICJ)

The principal judicial organ of the UN, responsible for settling legal disputes between states.

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Cold War

An era of geopolitical tension between the United States and the Soviet Union, from the late 1940s to the early 1990s, characterized by proxy wars and ideological conflict.

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Decolonization

The process by which colonies gained independence from their imperial powers.

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Subjects of International Law

Entities that possess international legal personality, meaning they have rights and obligations under international law.

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States

Sovereign entities that possess full international legal personality, including the right to self-determination, independence, and territorial integrity.

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International Organizations (IOs)

Associations of states established by treaty, often with limited international legal personality, depending on their purpose and powers.

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Individuals

Human beings increasingly recognized in international law as having rights and obligations, including obligations under international criminal law and rights under human rights treaties.

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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

  • 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.

  • Non-feasibility of Constitutional Provisions: Constitutional documents may contain rules but become impossible to enforce practically.

  • Constitutional Silence: Absence of explicit constitutional guidance on a particular issue.

  • 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

  • Textual and Structural Argumentation: Focuses on exact words and the relationships of those words, chapters, and sections in the constitutional document.

  • Purpose Argumentation: Considers the intended goals and reasoning behind the document’s creation.

  • Judicial Precedent: Evaluates previous court rulings that have interpreted the constitution, looking for consistency.

  • Political Custom and Tradition: Examines long-established political practices.

  • Honored Authority Arguments: Draws on the opinions of respected legal experts.

Opportunities for Managing Constitutional Crises

  • 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.

  • International Pressure/Involvement: International pressure (diplomatic or military involvements/sanctions) may increase, potentially leading to:

  • Suspension of affiliation

  • Selective sanctions

  • Diplomatic intervention

  • Military intervention

  • 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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