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Questions and Answers
According to Jellinek, what does the constitution of the State encompass?
According to Jellinek, what does the constitution of the State encompass?
The constitution of the State encompasses the juridical rules that determine the supreme organs of the State, their mode of creation, their reciprocal relations, their competence, and the position of each in relation to the state power.
What is the dual application of the word 'constitution'?
What is the dual application of the word 'constitution'?
The word 'constitution' applies not only to the structure of political organization but also, especially in modern times, to the document containing the rules related to that organization (constitution in a formal sense).
Who first formulated the idea of the constitution as a fundamental norm?
Who first formulated the idea of the constitution as a fundamental norm?
The idea of the constitution as a fundamental norm was first formulated in the 16th century in France.
According to Loyseau, what limitations did the real power encounter?
According to Loyseau, what limitations did the real power encounter?
According to Hobbes, what would the abolition of the fundamental law bring?
According to Hobbes, what would the abolition of the fundamental law bring?
Where does the fundamental law originate, according to Hobbes?
Where does the fundamental law originate, according to Hobbes?
What reappears in the doctrines of the time on natural law?
What reappears in the doctrines of the time on natural law?
Where did the concept of supreme law begin to have practical importance?
Where did the concept of supreme law begin to have practical importance?
How was the organization of these colonies established?
How was the organization of these colonies established?
What did the Fundamental Orders of Connecticut constitute?
What did the Fundamental Orders of Connecticut constitute?
When was the charter granted by Carlos II to the Colony confirmed by the people as the constitution of the free State?
When was the charter granted by Carlos II to the Colony confirmed by the people as the constitution of the free State?
When was the constitution of the free State replaced by a new one?
When was the constitution of the free State replaced by a new one?
Flashcards
Constitution of the State
Constitution of the State
Legal rules that determine the supreme bodies of the State, their powers, and their relationships with state power.
Constitution (in formal sense)
Constitution (in formal sense)
Not only the political structure but also the document containing the rules related to that structure.
Loyseau
Loyseau
Argued royal power had limits in the fundamental laws of the State.
Hobbes on Fundamental Law
Hobbes on Fundamental Law
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Constitution from Contract
Constitution from Contract
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Constitutional practice in the English colonies of North America
Constitutional practice in the English colonies of North America
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Fundamental Orders of Connecticut
Fundamental Orders of Connecticut
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Study Notes
- Norms relating to the fundamental organization of the State are called constitution.
- The constitution includes the legal rules that determine the supreme bodies.
- The constitution determines the method of creation, their reciprocal relations, powers, and the position of each one in relation to state power.
- The term constitution is applied to the structure of the political organization and to the document containing the rules relating to that organization.
- The idea of the constitution as a fundamental norm was first formulated in the 16th century.
- Loyseau argued that the royal power finds serious limitations in the fundamental laws of the State during France of Enrique IV.
- Hobbes wrote that the fundamental law is that "whose abolition would bring about the ruin of the social body and provoke a complete anarchy".
- Hobbes says the fundamental law has its origin in the contract that serves as the basis of the state organization.
- The idea is that the Constitution emanates from a contract entered into by individuals to establish political power.
- The concept of supreme law, in the sense of a constitutional charter, only began to have practical importance in the English colonies of North America.
- The organization was established in a series of Charters granted by the kings of England, which set out the fundamental principles of their government and administrative organization.
- The Fundamental Orders of Connecticut, appearing in the form of a contract concluded by the colonists, constitute the main nucleus of the Charter.
- Charles II granted the Charter to the Colony, confirmed in 1776 by the people as the constitution of the free State and replaced in 1818 by a new one.
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