Podcast
Questions and Answers
What is the significance of the principle PACTA SUNT SERVANDA in international law?
What is the significance of the principle PACTA SUNT SERVANDA in international law?
- It allows states to disregard treaties under certain conditions.
- It establishes that treaties must be performed in good faith. (correct)
- It states that bilateral treaties have less importance than multilateral treaties.
- It mandates that treaties can only be enforced with unanimous consent.
Which of the following best defines Jus Cogens in international law?
Which of the following best defines Jus Cogens in international law?
- Principles that can be modified by bilateral treaties.
- Customary laws that require state consent to be effective.
- Fundamental norms that are universally binding and cannot be violated. (correct)
- Rules that are enforced only within specific regions.
What are the primary sources of international law as per the general understanding?
What are the primary sources of international law as per the general understanding?
- International customs and general principles recognized by nations. (correct)
- Only treaties and judicial decisions.
- Customs and treaties exclusively.
- Customs, treaties, and unilateral declarations by states.
Which type of treaty is often created when two states seek to manage their commercial activities?
Which type of treaty is often created when two states seek to manage their commercial activities?
What is the primary function of the International Court of Justice (ICJ)?
What is the primary function of the International Court of Justice (ICJ)?
What characterizes a multilateral treaty?
What characterizes a multilateral treaty?
What does the term 'custom' refer to in the context of international law?
What does the term 'custom' refer to in the context of international law?
What was the Treaty of Rome primarily responsible for?
What was the Treaty of Rome primarily responsible for?
What significant change occurred in the European Parliament in 1979?
What significant change occurred in the European Parliament in 1979?
What is the primary role of the European Parliament?
What is the primary role of the European Parliament?
Who composes the European Council?
Who composes the European Council?
What distinguishes the European Commission from other EU institutions?
What distinguishes the European Commission from other EU institutions?
How often are Members of the European Parliament (MEPs) elected?
How often are Members of the European Parliament (MEPs) elected?
What function does the Council serve in relation to EU legislation?
What function does the Council serve in relation to EU legislation?
What is the main characteristic of the legislative power in the EU?
What is the main characteristic of the legislative power in the EU?
Which body holds the political address for the EU's working guidelines?
Which body holds the political address for the EU's working guidelines?
What did Marbury request from the Supreme Court?
What did Marbury request from the Supreme Court?
What was the Supreme Court's ruling regarding the Judiciary Act?
What was the Supreme Court's ruling regarding the Judiciary Act?
How did Justice Marshall approach the decision-making process?
How did Justice Marshall approach the decision-making process?
What was the first question addressed by Marshall in the decision-making process?
What was the first question addressed by Marshall in the decision-making process?
What portion of the Constitution did the Supreme Court reference to establish its jurisdiction?
What portion of the Constitution did the Supreme Court reference to establish its jurisdiction?
What was a significant challenge faced by the Supreme Court in this case?
What was a significant challenge faced by the Supreme Court in this case?
What did the Supreme Court ultimately determine about Marbury's situation?
What did the Supreme Court ultimately determine about Marbury's situation?
Who was directed by Jefferson to withhold the commission?
Who was directed by Jefferson to withhold the commission?
What is one crucial characteristic that distinguishes the modern concept of the Nation State?
What is one crucial characteristic that distinguishes the modern concept of the Nation State?
What significant event in 1648 marked the recognition of State sovereignty?
What significant event in 1648 marked the recognition of State sovereignty?
Which element is NOT part of the three characteristics distinguishing the Modern State?
Which element is NOT part of the three characteristics distinguishing the Modern State?
The transition from political fragmentation to centralized authority in Europe primarily occurred during which century?
The transition from political fragmentation to centralized authority in Europe primarily occurred during which century?
What does national law encompass?
What does national law encompass?
What led to the centralization of power in the hands of monarchs in Europe?
What led to the centralization of power in the hands of monarchs in Europe?
What does the concept of sovereignty imply for a modern State?
What does the concept of sovereignty imply for a modern State?
Which aspect of the Modern State encompasses not just land but also air and water?
Which aspect of the Modern State encompasses not just land but also air and water?
What characterizes a unicameral parliament?
What characterizes a unicameral parliament?
What is one of the main functions of a parliament?
What is one of the main functions of a parliament?
What distinguishes a parliamentary system from a presidential system?
What distinguishes a parliamentary system from a presidential system?
How are chambers in a bicameral parliament typically structured?
How are chambers in a bicameral parliament typically structured?
What was the consequence of some Italian regions attempting to call their regional councils 'Parliaments'?
What was the consequence of some Italian regions attempting to call their regional councils 'Parliaments'?
Which of the following best describes the relationship between parliaments and constitutions?
Which of the following best describes the relationship between parliaments and constitutions?
What is the primary function of the National Health System (NHS)?
What is the primary function of the National Health System (NHS)?
In which system do the legislative and executive branches operate independently?
In which system do the legislative and executive branches operate independently?
What is a characteristic feature of a bicameral parliament's legislative process?
What is a characteristic feature of a bicameral parliament's legislative process?
What aspect of the Affordable Care Act (ACA) was upheld in NFIB v. Sebelius (2012)?
What aspect of the Affordable Care Act (ACA) was upheld in NFIB v. Sebelius (2012)?
Which case ruled that federal subsidies were permissible for individuals using federal exchanges?
Which case ruled that federal subsidies were permissible for individuals using federal exchanges?
What was a significant outcome of the Texas v. United States case in 2018?
What was a significant outcome of the Texas v. United States case in 2018?
Which feature of the ACA aimed to ensure a broad risk pool in the United States?
Which feature of the ACA aimed to ensure a broad risk pool in the United States?
What major effect did the legal battles surrounding ObamaCare have on U.S. healthcare policy?
What major effect did the legal battles surrounding ObamaCare have on U.S. healthcare policy?
What provision of the ACA protects individuals with pre-existing conditions?
What provision of the ACA protects individuals with pre-existing conditions?
How does the ACA contribute to discussions on healthcare reform in the United States?
How does the ACA contribute to discussions on healthcare reform in the United States?
Flashcards
European Parliament
European Parliament
The only directly elected EU body, with members chosen by citizens every five years.
European Parliament's Democracy
European Parliament's Democracy
The European Parliament is elected by citizens, not national governments.
Council of the EU
Council of the EU
It represents national governments and their interests.
European Council
European Council
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European Commission
European Commission
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Legislative Power
Legislative Power
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Political Address
Political Address
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Legislative Initiative
Legislative Initiative
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Parliament
Parliament
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Representation
Representation
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Decision-making
Decision-making
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Parliamentarism
Parliamentarism
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Presidentialism
Presidentialism
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Unicameral Parliament
Unicameral Parliament
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Bicameral Parliament
Bicameral Parliament
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Checks and Balances in a Bicameral Parliament
Checks and Balances in a Bicameral Parliament
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NHS (National Health System)
NHS (National Health System)
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Insurance-Based Healthcare System
Insurance-Based Healthcare System
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ObamaCare
ObamaCare
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Individual Mandate
Individual Mandate
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Medicaid Expansion
Medicaid Expansion
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Individual Mandate as a Tax
Individual Mandate as a Tax
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King v. Burwell
King v. Burwell
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California v. Texas (2020)
California v. Texas (2020)
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Nation-State
Nation-State
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State Building
State Building
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National Law
National Law
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Sovereignty
Sovereignty
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Territory
Territory
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People
People
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1648 (Peace of Westphalia)
1648 (Peace of Westphalia)
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Elements of the Modern State
Elements of the Modern State
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Public International Law
Public International Law
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International Conventions (Treaties)
International Conventions (Treaties)
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Treaty
Treaty
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Vienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties
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Pacta Sunt Servanda
Pacta Sunt Servanda
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International Customary Law
International Customary Law
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Jus Cogens
Jus Cogens
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EU Legal System
EU Legal System
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Writ of Mandamus
Writ of Mandamus
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Judicial Review
Judicial Review
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Judiciary Act of 1789
Judiciary Act of 1789
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Unconstitutional Law
Unconstitutional Law
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Federal Court Jurisdiction
Federal Court Jurisdiction
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Original Jurisdiction
Original Jurisdiction
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Appellate Jurisdiction
Appellate Jurisdiction
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Constitutional Supremacy
Constitutional Supremacy
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Study Notes
Public Law - General Overview
- Legal systems vary globally, with countries adhering to civil law, common law, Muslim law, customary law, or mixed systems.
- A legal system is a set of rules used to regulate human behavior and harmonize society.
- Civil law originates from Roman Empire.
- Common law originates from the English feudal system.
- Both systems are converging.
Civil Law
- Civil law is a branch that deals with disputes between individuals or organizations.
- It involves contracts, property, family matters, and personal injuries.
- Rules and codes are codified.
- Legal precedent is less important.
Common Law
- Common law focuses on judicial decisions, which create rules.
- Historically, England created a system of courts that would interpret laws.
- Based on legal precedents.
Sources of Law
- Legal systems have various sources, like Legislation, case law, customs, and treaties.
- Legislation is codified rules.
- Case law creates precedent from previous rulings.
- Customs, treaties provide supplementary legal grounding.
Legal Interpretation
- Interpretation is key in applying rules to specific cases.
- Antinomies (conflicts) are addressed by judicial interpretation, making the legal system dynamic, adapting to changing circumstances.
- Superior laws supersede inferior ones, and later laws can amend earlier ones.
Classification of Legal Systems
- Legal systems can be classified as unitary or federal, based on power distribution.
- Unitary systems concentrate power within a central government.
- Federal systems divide power between central and regional authorities.
- This structure can apply to how many entities or bodies are involved in interpretation of laws,.
Separation of Powers
- Different branches — executive (implements law), legislative (makes laws), and judicial (interprets laws) — balance power in a legal system.
- Conflicts may arise, as in the Marbury v. Madison case (1803), when a court assesses the legality of laws.
- Interpretation of the Constitution resolves uncertainties in any legal system.
Legal Systems and Structures
- The structure and composition of the Executive branch, Parliament, and other bodies differ between systems.
- Types of governments include parliamentary (with executive dependence on legislature), Presidential (separate executive and legislative branches), and Semi-Presidential (with combined executive/legislative forms).
- Parliamentary, semi-presidential, and presidential governments vary in their structure/power distribution.
Sources of International Law
- Treaties are agreements between states.
- Customs are established practices.
- Legal principles across nations further define international law.
- The European Court of Justice has power to review regulations and interpret the EU laws.
- The Treaties of Rome and Maastricht, in particular, are vital in EU law principles.
The EU Legal System
- The EU legal system is a supranational system.
- It has treaties and instruments.
- The EU’s legal system influences its member countries.
- The EU court plays a significant role in determining the relationship between EU law and national laws.
The ObamaCare Case
- The Affordable Care Act (ACA) was challenged in court in the United States.
- The challenges focused on the Constitutionality of the ACA.
- Legal struggles and debates surround how to interpret the law.
Rights and Freedoms
- Individual and public rights are defined and protected by legal systems.
- Constitutional guarantees and international conventions protect human rights.
- Courts interpret laws related to these rights.
- Conflicts may arise concerning these rights.
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