Constitutional Law vs. Legal Positivism

A fundamental rule or principle that provides the ultimate source of validity for all other legal norms within a legal system.

The Basic Norm is not a written law but rather the underlying intent and vision of the people when they first establish a legal system.

The Basic Norm is unique to each legal system and reflects the founding principles and aspirations of that society.

The Basic Norm ultimately gives legitimacy to the constitution and all subsequent laws. Without it, the legal system would lack a coherent foundation.

The Basic Norm is often expressed through the sovereign's will, representing the type of society they desire to create.

The Basic Norm is not the same as the constitution. It represents the underlying principles that led to the constitution's creation.

The Basic Norm helps explain why a society chooses its laws and how those laws reflect its core values.

The Basic Norm allows for a legal system to be based on both written rules (legal positivism) and underlying moral principles (natural law).

A hypothesized fundamental rule that establishes the legitimacy of a legal system and underpins the constitution. It is not a written document but an assumed principle.

The process of creating a new constitution or amending an existing one. This process should follow specific rules and procedures that determine if the new or amended constitution is valid.

The idea that the constitution itself is derived from and ultimately subject to the Basic Norm, which is assumed to have existed prior to the creation of any written law.

The challenges of unifying different legal systems, such as national and international law, under a single, universally accepted Basic Norm.

A system of governance where citizens directly vote on laws and policies rather than relying on elected representatives.

Public votes on specific policy or legal issues initiated by the government to gauge public opinion.

Voting on specific policy or legal issues initiated by citizens.

Public votes on specific policy or legal issues.

A system where a specialized constitutional court has the sole authority to decide on the constitutionality of laws and actions, and can invalidate unconstitutional laws.

A system where regular courts have the power to review the constitutionality of laws and actions, but their rulings may only apply to the specific case they are handling.

The process by which courts determine whether a law or government action is consistent with the principles and rights established in the constitution.

A way to initiate judicial review where individuals can challenge the constitutionality of laws or government actions by filing lawsuits.

A way to initiate judicial review where public officials or constitutional bodies refer matters to constitutional courts for review.

A way to initiate judicial review where courts raise constitutional questions during the course of a case.

The process by which courts interpret the constitution to resolve ambiguities or fill gaps in its language.

A model of judicial review where constitutional courts, while striking down unconstitutional laws, do not create new laws, leaving law-making to the legislature.

A process that safeguards democratic principles and ensures treaties align with domestic interests by involving the legislative branch in treaty-making.

A state can be bound by international law through treaties, customary international law, and general principles of law.

Rules of international law are considered part of national law and take precedence over domestic laws, except where the Constitution explicitly states otherwise.

States can transfer sovereign powers to international organizations through a specific law.

The process of joining the European Union (EU) requires a national referendum, a vote by the people.

The US Constitution, federal laws, and international law are the supreme law of the land, while state constitutions and laws are subordinate to them.

The US Constitution, federal laws, and international law are the supreme law of the land, while state constitutions and laws are subordinate to them.

Unlike international law, EU law is deeply integrated into domestic law. EU laws and regulations directly or indirectly govern most laws in EU member states.

The power to act in situations where the law is unclear or silent, enabling the government to address unforeseen circumstances or emergencies.

The principle that different branches of government (legislative, executive, judicial) have separate powers and duties to prevent any one branch from becoming too powerful. This separation aims to promote balance and prevent abuse of power.

A specific function of governance that falls outside the strict boundaries of legislative, executive and judicial powers. It deals with situations where the law needs to be applied with discretion.

The legislative branch makes laws, oversees the executive branch, and approves national budgets, ensuring financial accountability.

The executive branch implements the laws, handles foreign affairs, and possesses discretionary powers to act in areas where the law is unclear or during emergencies.

The judicial branch resolves conflicts, interprets laws, and examines the constitutionality of laws and actions of other branches, ensuring they act within the legal framework.

Means that different institutions actually carry out their distinct functions, and different people fill these roles, ensuring that powers are not concentrated.

A mechanism to prevent one branch from becoming too powerful. This involves systems where each branch can limit or influence the powers of other branches, preventing any one branch from dominating.