Constitutional Justice Around the World

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Questions and Answers

What is one method used to protect a constitution?

Regularly updating the constitution

Having a special procedure to modify it (correct)

Limiting access to constitutional amendments

Electing judges through popular vote

Which case is recognized for introducing constitutional justice in the United States?

Marbury vs. Madison (correct)

Gideon vs. Wainwright

Roe vs. Wade

Brown vs. Board of Education

What is a key concern regarding judicial review?

It promotes legislative inefficiency

It can lead to a chaotic legal system

It can contradict democratic principles (correct)

It undermines the authority of the constitution

Which body was established for constitutional justice in France during the 4th Republic?

Comité Constitutionnel Signup and view all the answers

How many times has the French Constitution been modified since its inception in 1958?

What does the term 'eternity clause' in relation to a constitution signify?

It protects certain fundamental principles indefinitely Signup and view all the answers

Who played a crucial role in the establishment of constitutional justice in Austria?

Hens Kelsen Signup and view all the answers

What does the French Constitution encompass beyond the text of the Constitution of 1958?

A broader legal framework Signup and view all the answers

What does the term 'formal constitution' refer to?

The existence of a specific constitutional document and procedure Signup and view all the answers

In which country is there a substantial constitution but no formal constitution?

United Kingdom Signup and view all the answers

What does the flexibility of a constitution imply?

It adapts to changing societal needs and demands Signup and view all the answers

What is the risk of modifying a constitution too frequently?

Undermining the integrity and coherence of the constitution Signup and view all the answers

What is the primary purpose of a substantial constitution?

To govern the distribution of power and fundamental rights Signup and view all the answers

Which aspect distinguishes original constituent power from amending power?

The authority to establish or change the constitution Signup and view all the answers

How did the Supreme Court of the US demonstrate rigidity in its constitution?

By altering an amendment related to abortion Signup and view all the answers

What is necessary for a constitution to remain relevant over time?

A balance between flexibility and rigidity Signup and view all the answers

What was the main purpose of the 1st law adopted on June 7th, 1958?

To give the government special powers in Algeria Signup and view all the answers

Which principle is NOT specified as a requirement for the new Constitution according to the 3rd law?

The government must ensure financial independence Signup and view all the answers

What is included in the C Block as recognized by the constitutional council?

The Constitution of 1958 Signup and view all the answers

What was a significant change made by the 3rd law regarding the Constitution of the 4th Republic?

It made it easier to amend the Constitution Signup and view all the answers

What prompted the creation of the C Block by the constitutional council?

The important decision on 'freedom of association' in 1971 Signup and view all the answers

Who was primarily responsible for drafting the preliminary draft of the new Constitution?

A committee of experts, mostly lawyers Signup and view all the answers

What role did the advisory committee play in the drafting of the new Constitution?

They reviewed and provided feedback on the preliminary draft Signup and view all the answers

Which event marked the end of the 4th Republic?

The coup in Algeria in May 1958 Signup and view all the answers

What structural problem did De Gaulle aim to address with the new Constitution?

Political instability and uncertainty Signup and view all the answers

What was a characteristic of the government under the 4th Republic?

Frequent changes in government leadership Signup and view all the answers

What concern did some have regarding Charles de Gaulle's ascent to power?

He would consolidate too much power Signup and view all the answers

Which of the following statements about the drafting teams of the Constitution is false?

The first team was responsible for amending proposals. Signup and view all the answers

What was a necessary step the government had to follow before finalizing the new Constitution?

Consulting an advisory committee Signup and view all the answers

What does the term 'assembly regime' refer to in the context of the 4th Republic?

Weakness of the executive branch Signup and view all the answers

Which document is NOT part of the C Block?

Universal Declaration of Human Rights Signup and view all the answers

What was a major factor contributing to the instability of the 4th Republic?

Weak authority of the executive branch Signup and view all the answers

What was the main purpose of the committee headed by Paul Reynaud?

To provide an advisory opinion on the draft Signup and view all the answers

What was Michel Debré's role in relation to the Constitution?

He had an important role in drafting the Constitution and presented it to the Council of State Signup and view all the answers

What was the outcome of the vote on the Constitution on September 28th, 1958?

It was approved by 79% Signup and view all the answers

In what way did De Gaulle’s experiences shape his views on leadership and institutions?

He thought the outcome of WWII would have been different with a strong leader Signup and view all the answers

What vision did De Gaulle have regarding the presidency as stated in Article 5 of the Constitution?

The president should ensure respect for the Constitution and guarantee state continuity Signup and view all the answers

Which of the following was a primary source of inspiration for the Constitution?

De Gaulle’s discourse in Bayeux in 1946 Signup and view all the answers

What was the advisory nature of the committee's opinion regarding the Constitution?

The government had no obligation to implement it Signup and view all the answers

What did De Gaulle express about his perspective of France throughout his life?

He maintained a consistent 'certain idea of France' Signup and view all the answers

What does Article 1 of the 1958 Constitution emphasize?

The principle of equality Signup and view all the answers

What does the Preamble of the Constitution of 1958 signify?

It has constitutional value. Signup and view all the answers

Which philosophical basis is linked to the Declaration of the Rights of Man?

Natural law Signup and view all the answers

What was a significant change regarding individual rights compared to the Ancien Régime?

Emphasis on individualism rather than group rights. Signup and view all the answers

Which of the following best describes the term 'legicentrism' as stated in the document?

The law is the expression of the general will. Signup and view all the answers

According to the Declaration, which rights are considered natural and imprescriptible?

Liberty, property, safety, and resistance to oppression Signup and view all the answers

What does the quote regarding ignorance and forgetting human rights imply?

Constant awareness of rights is necessary to avoid corruption. Signup and view all the answers

What is a characteristic of liberalism as described in the content?

It seeks to guarantee individual rights by limiting state powers. Signup and view all the answers

Study Notes

Introduction

The first constitution established in September 1791 was a reflection of revolutionary ideas.
The goal was to establish a constitutional monarchy with a unique assembly as the legislative power.
National sovereignty was the guiding principle, prioritizing each country's independent policies.
Active and passive citizens were differentiated. Active citizens had to pay a fee to vote, viewing voting as more of a function than a right.

The Second Constitution

Adopted in June 1793, this constitution aimed at upholding popular sovereignty.
It heavily drew inspiration from Rousseau's ideals of equality.
The right to vote was less restricted compared to the first constitution, extending voting rights to all men.
Executive power was entrusted to a larger collective body (24 members), elected by the legislative body. This aimed to weaken the executive power.
The second constitution is considered a moment of utopia in French history as it included the right to happiness, similar to the ideals of the US Declaration of Independence.

The Third Constitution

"The Directory" (1795) aimed to restore order amidst the turmoil of the previous period.

Multiple changes

France experienced 15 constitutions in less than 250 years.
In contrast, the USA has had only one constitution (1787), though it has been amended 27 times.
The 1958 French Constitution has undergone 24 modifications.
The longest-lasting French republic was the Third Republic (1870-1940), outlasted by the Fifth Republic (current republic, 63-year duration).

What is a Constitution?

A constitution is the supreme law of a country, establishing fundamental principles and political/social structures.
It's a foundation for political and social life.
Laws must respect the constitution, and changing it necessitates a special process.

West Virginia V Barnette case (USA)

The case (1943) emphasized the purpose of a bill of rights to shield certain subjects from political struggles.
Protecting rights is crucial, regardless of political climate or disagreements.
These rights are not just symbolic; they hold legal significance.

How was the Constitution perceived?

For a significant time, constitutions were not viewed as legal norms but as moral declarations.
The constitution is the supreme law, but parliaments can still violate it, which creates a tension.

The length of a constitution

Constitutions vary in length, from short declarations to lengthy documents.
Examples include Iceland (few thousand words), India (200 pages), and France (~112,000 words).

Distinguishing constitutions

Constitutions can be categorized based on formal criteria (specific procedures) or substantial criteria (actual content of the rules)

Modification of a Constitution

Constitutions need to adapt over time to address evolving needs, public demands, and changing societal values.
Adapting a constitution does not compromise its integrity; instead, it keeps it relevant.

To change the Constitution in France

Respecting 89 articles is required.
Changes need to be within existing guidelines or use specified (longer) procedures.

Protecting Constitutions

Constitutional justice or separate review procedures are key protective mechanisms which ensure consistency with the constitution. This system reviews laws against the constitution.
The system ensures that the law is in compliance with the constitution.

The French Constitution (Specifics)

The current French Constitution was modified 24 times since 1958.
It consists of a Preamble, 16 titles, and 89 articles, but the Constitution is broader than its text, including declarations and charters.
The preamble of the Constitution references previous declarations (like the DDHC) and other important documents, creating a block of constitutionality.

The Adoption of the French Constitution (Specifics)

The 5th Republic (1958 constitution) ended the 4th republic amid significant political instability.
The constitution was put to the French people in a public vote/referendum.
Key figures and discussions were present in this process which influenced important decisions. This involved a high-ranking committee, advisors, and speeches in support.

Key elements of the French constitution

The structure of the constitution includes features like sovereignty, the president, government, and parliament.
Shifts have been seen in the role of the president over time.
A mix of parliamentary and presidential systems can be seen in the constitution, influencing governance.

The French Constitution and External Influences

Treaties and international conventions aren't directly part of the constitution itself, meaning the constitution itself can't declare a law unconstitutional on the basis of a treaty.
While organic laws are a means of implementing the constitution, external laws like EU regulations are treated separately.

Unity of the Block and Control of Constitutionality

Constitutional review attempts to maintain unity between different elements of the constitutional block and avoid contradictions within different parts.
Different mechanisms of review exist: control of constitutionality & control of conventionality.
Controls ensure that laws comply with the constitution and (if applicable) external treaties and conventions.

Environmental charter and further constitution elements

The environmental charter was added to the preamble of the constitution to protect environmental issues.
Some elements are not specifically/explicitly within the constitutional block.

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Description

Test your knowledge on constitutional justice, its significance, and its application in various countries. This quiz covers critical concepts such as judicial review, eternity clauses, and modifications of constitutions. Challenge yourself and see how well you understand these essential legal principles.