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According to the text, which of the following is a feature of constitutions?
According to the text, which of the following is a feature of constitutions?
According to the text, which type of sovereignty refers to the possibility for a state to exercise control over its population and territory without interference from outside?
According to the text, which type of sovereignty refers to the possibility for a state to exercise control over its population and territory without interference from outside?
According to the text, which type of sovereignty rests with the people who entrust the government with the authority to govern on their behalf?
According to the text, which type of sovereignty rests with the people who entrust the government with the authority to govern on their behalf?
According to the text, what is the ultimate power to exercise authority over oneself called?
According to the text, what is the ultimate power to exercise authority over oneself called?
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According to the text, what is the doctrine that divides the government into three branches or departments and assigns each branch a corresponding identifiable function of government?
According to the text, what is the doctrine that divides the government into three branches or departments and assigns each branch a corresponding identifiable function of government?
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Which of the following best defines constitutionalism?
Which of the following best defines constitutionalism?
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What is the main function of constitutional law?
What is the main function of constitutional law?
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Which of the following is a functional understanding of a constitution?
Which of the following is a functional understanding of a constitution?
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What is the purpose of a constitution?
What is the purpose of a constitution?
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Which countries have a de facto constitution?
Which countries have a de facto constitution?
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According to the text, what is the role of the executive in constitutional systems?
According to the text, what is the role of the executive in constitutional systems?
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What is the main purpose of judicial review?
What is the main purpose of judicial review?
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In a presidential system, who is the head of government?
In a presidential system, who is the head of government?
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What is the main difference between a parliamentary system and a presidential system?
What is the main difference between a parliamentary system and a presidential system?
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What are the possible outcomes of judicial review of legislation?
What are the possible outcomes of judicial review of legislation?
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Which of the following is an advantage of a presidential system?
Which of the following is an advantage of a presidential system?
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What is a disadvantage of a parliamentary system?
What is a disadvantage of a parliamentary system?
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Which of the following is a characteristic of a federal state?
Which of the following is a characteristic of a federal state?
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In a unitary state, what is the main source of power for sub-units?
In a unitary state, what is the main source of power for sub-units?
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What is a reason for adopting a federal constitutional design?
What is a reason for adopting a federal constitutional design?
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Which of the following is a key principle of Proportionality in Constitutional Law?
Which of the following is a key principle of Proportionality in Constitutional Law?
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Which of the following is NOT a possible form of international intervention in a constitutional crisis?
Which of the following is NOT a possible form of international intervention in a constitutional crisis?
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What is one of the opportunities for managing constitutional crises mentioned in the text?
What is one of the opportunities for managing constitutional crises mentioned in the text?
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What is the first step in determining if an actor has proper standing to claim a justification?
What is the first step in determining if an actor has proper standing to claim a justification?
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What is the increasing degree of international intervention mentioned in the text?
What is the increasing degree of international intervention mentioned in the text?
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According to the Vienna Convention on the Law of Treaties, which of the following is considered a treaty?
According to the Vienna Convention on the Law of Treaties, which of the following is considered a treaty?
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What do treaties do?
What do treaties do?
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In the context of treaty-making, which state organ enters into treaty negotiation and signs treaties?
In the context of treaty-making, which state organ enters into treaty negotiation and signs treaties?
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When a treaty binds a state, how are the international legal obligations carried out within the state's domestic legal system?
When a treaty binds a state, how are the international legal obligations carried out within the state's domestic legal system?
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How do we determine if a state follows a monist or dualist system in relation to international law?
How do we determine if a state follows a monist or dualist system in relation to international law?
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Study Notes
Features of Constitutions
- Constitutions establish the fundamental principles and structures of governance.
- They provide the framework for political authority and organization.
Types of Sovereignty
- Internal Sovereignty: Refers to a state's ability to manage and control its population and territory without outside interference.
- Popular Sovereignty: Resides with the people, who grant authority to the government to govern on their behalf.
Authority and Power
- The ultimate power to exercise authority over oneself is known as self-sovereignty.
Government Structure
- The doctrine that divides government into three branches (executive, legislative, judicial) is called separation of powers.
- Each branch has distinct functions to prevent the concentration of power.
Constitutionalism
- Constitutionalism is defined as the practice of governance according to a constitution that limits government powers and upholds fundamental rights.
Functions of Constitutional Law
- The main function is to establish the rules and principles governing the state, protecting individual rights and liberties.
Understanding Constitutions
- A functional understanding sees constitutions as instruments that outline the operation and limits of government authority.
Purpose of a Constitution
- The primary purpose is to create a legal framework for governance, ensuring order, accountability, and justice.
Countries with De Facto Constitutions
- Countries without formal written constitutions but operating under fundamental laws or practices are said to have de facto constitutions.
Role of the Executive
- In constitutional systems, the executive branch is responsible for implementing and enforcing laws passed by the legislature.
Judicial Review
- The main purpose of judicial review is to assess the constitutionality of legislation and governmental actions.
Governmental Systems
- In a presidential system, the head of government is typically the president, who is separate from the legislature.
- The key difference between parliamentary and presidential systems lies in the relationship between the legislative and executive branches, with parliamentary systems merging the two.
Outcomes of Judicial Review
- Possible outcomes include upholding, striking down, or modifying legislation based on constitutional compliance.
Advantages and Disadvantages
- An advantage of a presidential system is the separation of powers, fostering accountability.
- A disadvantage of a parliamentary system may include less stability due to potential for government dissolution.
Characteristics of Federal States
- Federal states feature a division of powers between central and regional governments, allowing local autonomy.
Power in Unitary States
- In a unitary state, the main source of power for sub-units is derived from the central government, which may delegate authority.
Reasons for Federal Constitutional Design
- A federal design may be adopted to accommodate diverse regions or populations within a country, ensuring local governance.
Principle of Proportionality
- Proportionality in constitutional law ensures that restrictions on rights must be necessary and appropriately balanced against the objectives pursued.
International Intervention Forms
- Forms of international intervention not allowed during a constitutional crisis could include military intervention without consent.
Managing Constitutional Crises
- Opportunities for managing crises may involve negotiations or amendments to the constitution.
Standing to Claim Justification
- The first step to determine if an actor has standing is to assess whether they are directly affected by the issue at hand.
International Intervention Trends
- The increasing degree of international intervention refers to the growing involvement of global bodies in national constitutional matters.
Treaties and International Law
- According to the Vienna Convention, a treaty is an agreement between states governed by international law.
- Treaties facilitate cooperation and outline obligations among countries.
Treaty Negotiation
- The state organ responsible for negotiating and signing treaties is typically the executive branch.
Domestic Legal Obligation from Treaties
- When a treaty binds a state, its legal obligations are typically integrated into the domestic legal system through legislation or constitutional provision.
Monist vs Dualist Systems
- A state follows a monist system if international law is automatically incorporated into domestic law; a dualist system requires legislation to enable that incorporation.
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Description
Test your knowledge on the advantages and disadvantages of the presidential and parliamentary systems in constitutional law. Explore the direct mandate, inclusiveness, stability, flexibility, and separation of powers in these systems.
