Élections et systèmes électoraux

Introduction to Constitutional Law

• Law is a tool for regulating and pacifying social interactions.
• It ensures order, peace conducive to living together in all aspects of life.
• Humans create rules: for social interactions and for establishing rules themselves.

Constitutional Framework of State Power

• Politics involves the organized life of a community (state or local).
• State powers are the ability to make decisions and govern; they can be regulated by a Constitution.
• Constitutional law addresses the national (state) level, not local (municipal) matters.
• State power is characterized by choices (e.g., raising taxes to fund public services, reducing taxes to allow for private initiative).
• Debates and decisions regarding these choices are constant.

Institutionalization of Democratic Power

• Political authority needs legitimacy (popular approval, expressed or implied).
• State structure (the state itself) is the principal organizational framework for governing communities.
• Democratic power derives from popular participation (elections in democratic states).

Legitimacy of Political Power

• Practical utility of political function is crucial.
• Popular acceptance (explicit or tacit) is essential for legitimate political power.
• To be legitimate, a political power must derive its authority from society's needs.

Historical Theories of Legitimacy

• Divine right: Power originates from God and conferred upon rulers, traditionally respected by medieval societies.
• Social contract theories (Hobbes, Locke, Rousseau): Rulers are entrusted with governing power by the people in exchange for maintaining/ improving their order and safety.

The Theory of the Social Contract

• Hobbes (Leviathan, 1651): The state's authority is absolute and necessary for order (social contract for avoiding chaos).
• Locke (Two Treatises of Government, 1689): The state's role is to enhance individual well-being (with limited authority).
• Rousseau (The Social Contract, 1762): The state must serve the general will (collective interests) with legitimate power.

Forms of Legitimacy in Political Power

• Force: The most tangible expression of power, usually wielded by the strongest.
• Divine right: Power derives from a divine source conferring legitimacy to kings and authorities (e.g., the divine right of kings).
• Social Contract: Authority rests on agreement between rulers and citizens (e.g., the French & US declarations of human rights).

The Role of Citizens in Democratic Systems

• Citizen participation: Is a cornerstone of a functioning democracy; allowing for participation in decision-making.
• Legal framework: Decisions are made through established legal processes (legitimately).
• Democratic governance: System in which power is wielded legitimately by elected officials or authorized representatives.

The Concept of Popular Sovereignty

• Nation (souveraineté nationale): Collective entity distinct from comprised individuals (group of people, but without a precise state format). Individuals act as representatives.
• People (souveraineté populaire): Individuals exercising collective power – the entirety of the population.
• Direct democracy: Decisions made directly by the people (e.g., Ancient Athens).
• Representative democracy: Individuals elect representatives to enact decisions on their behalf.

The Forms of Democratic Power Distribution

• Direct Democracy: Citizens directly participate in decision-making.
• Representative Democracy: Citizens elect representatives.

Constitutional Framework of Power

• Legal frameworks: delineate areas of jurisdiction for all political levels.
• Institutions: establish a system of controls, checks, and balances.
• Institutions, their competencies defined by legal structures.

Challenges and Critiques of Democratic Systems

• Public debate and conflict: Disagreements and opposition are inherent in any truly democratic process.
• Representation gaps: Those unable to or don't chose to participate may have their viewpoints undervalued.
• Concerns about the power of elected officials: Potential for abuses/ corruption etc.
• Challenges to democratic ideals.

The Idea of a "Nation-State"

• Concept of a nation-state often implies a close link between a state and a nation; The state is the legal embodiment of a nation.
• There can be overlaps, but also instances of a disconnect between a nation and a state.

The State in the International Arena

• Sovereignty in international law: An independent state is not subordinate to any other higher authority.
• State interactions: States are considered equal in the international realm.
• Internal and external dimensions: Different facets and dynamics exist in the domestic state framework and when dealing with international issues.

The Limits of State Power

• Legal limits: The internal framework limits the state's power.

Constitutional Systems

• Unitary systems: Centralized governmental structure (e.g., France).
• Federal systems: Power divided between a central government and regional entities (e.g., the United States).

The Structure and Functions of a State

• Central role of a state: In political organisation, legal/ constitutional arrangements.
• Internal/ external roles: The state's function internally is different from actions in international contexts.

Separation of Powers

• Distinct functions in governance are better distributed across different organs/ branches of a government.
• Prevents concentration of authority in a single body and safeguards against tyranny/ misuse.
• Three fundamental branches : legislative, executive and judicial.

The Control of Constitutionality

• Process for checking laws against a constitution.

The Institutions of Constitutionalism

• Institutions: Established legal frameworks determining power distribution and limits.

Conclusion of the Study Notes

• There are many ways to organise the political power and create rules for its exercise,
• There are different interpretations and models on how to organise a democratic state.