Public Law - General Overview
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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?

  • 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?

  • 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?

    <p>Bilateral treaty</p> Signup and view all the answers

    What is the primary function of the International Court of Justice (ICJ)?

    <p>To solve disputes between states.</p> Signup and view all the answers

    What characterizes a multilateral treaty?

    <p>It includes a significant number of states.</p> Signup and view all the answers

    What does the term 'custom' refer to in the context of international law?

    <p>Repeated practice over time believed to correspond to law.</p> Signup and view all the answers

    What was the Treaty of Rome primarily responsible for?

    <p>It established the European Economic Community.</p> Signup and view all the answers

    What significant change occurred in the European Parliament in 1979?

    <p>It started electing its members by the citizens.</p> Signup and view all the answers

    What is the primary role of the European Parliament?

    <p>To represent the interests of its citizens.</p> Signup and view all the answers

    Who composes the European Council?

    <p>Heads of State or Government.</p> Signup and view all the answers

    What distinguishes the European Commission from other EU institutions?

    <p>It operates independently to promote EU interests.</p> Signup and view all the answers

    How often are Members of the European Parliament (MEPs) elected?

    <p>Every five years.</p> Signup and view all the answers

    What function does the Council serve in relation to EU legislation?

    <p>It represents the government and national interest.</p> Signup and view all the answers

    What is the main characteristic of the legislative power in the EU?

    <p>It is shared between the Council and the EU Parliament.</p> Signup and view all the answers

    Which body holds the political address for the EU's working guidelines?

    <p>The European Council.</p> Signup and view all the answers

    What did Marbury request from the Supreme Court?

    <p>To issue a writ of mandamus</p> Signup and view all the answers

    What was the Supreme Court's ruling regarding the Judiciary Act?

    <p>It was found unconstitutional</p> Signup and view all the answers

    How did Justice Marshall approach the decision-making process?

    <p>By addressing each question sequentially</p> Signup and view all the answers

    What was the first question addressed by Marshall in the decision-making process?

    <p>Did Marbury have the right to the commission?</p> Signup and view all the answers

    What portion of the Constitution did the Supreme Court reference to establish its jurisdiction?

    <p>Article 3, Section 2</p> Signup and view all the answers

    What was a significant challenge faced by the Supreme Court in this case?

    <p>Maintaining neutrality amidst political pressures</p> Signup and view all the answers

    What did the Supreme Court ultimately determine about Marbury's situation?

    <p>He had a right, but no remedy available</p> Signup and view all the answers

    Who was directed by Jefferson to withhold the commission?

    <p>James Madison</p> Signup and view all the answers

    What is one crucial characteristic that distinguishes the modern concept of the Nation State?

    <p>It has exclusive sovereignty over its population.</p> Signup and view all the answers

    What significant event in 1648 marked the recognition of State sovereignty?

    <p>The peace of Westphalia.</p> Signup and view all the answers

    Which element is NOT part of the three characteristics distinguishing the Modern State?

    <p>Economic power.</p> Signup and view all the answers

    The transition from political fragmentation to centralized authority in Europe primarily occurred during which century?

    <p>15th century.</p> Signup and view all the answers

    What does national law encompass?

    <p>All legal norms and regulations enforced by a sovereign state.</p> Signup and view all the answers

    What led to the centralization of power in the hands of monarchs in Europe?

    <p>The need to leave behind political fragmentation.</p> Signup and view all the answers

    What does the concept of sovereignty imply for a modern State?

    <p>It establishes a legal order over its people without external interference.</p> Signup and view all the answers

    Which aspect of the Modern State encompasses not just land but also air and water?

    <p>Territory.</p> Signup and view all the answers

    What characterizes a unicameral parliament?

    <p>It has a single legislative chamber.</p> Signup and view all the answers

    What is one of the main functions of a parliament?

    <p>Representation of the nation.</p> Signup and view all the answers

    What distinguishes a parliamentary system from a presidential system?

    <p>The legislative branch can dissolve the executive branch.</p> Signup and view all the answers

    How are chambers in a bicameral parliament typically structured?

    <p>It consists of an upper and a lower house.</p> Signup and view all the answers

    What was the consequence of some Italian regions attempting to call their regional councils 'Parliaments'?

    <p>The constitutional court blocked the attempts.</p> Signup and view all the answers

    Which of the following best describes the relationship between parliaments and constitutions?

    <p>Constitutions govern the operation of parliaments.</p> Signup and view all the answers

    What is the primary function of the National Health System (NHS)?

    <p>To offer treatments funded by state or public powers</p> Signup and view all the answers

    In which system do the legislative and executive branches operate independently?

    <p>Presidential system.</p> Signup and view all the answers

    What is a characteristic feature of a bicameral parliament's legislative process?

    <p>Both chambers must approve legislation.</p> Signup and view all the answers

    What aspect of the Affordable Care Act (ACA) was upheld in NFIB v. Sebelius (2012)?

    <p>The individual mandate being considered a tax</p> Signup and view all the answers

    Which case ruled that federal subsidies were permissible for individuals using federal exchanges?

    <p>King v. Burwell</p> Signup and view all the answers

    What was a significant outcome of the Texas v. United States case in 2018?

    <p>It challenged the removal of the individual mandate penalty</p> Signup and view all the answers

    Which feature of the ACA aimed to ensure a broad risk pool in the United States?

    <p>The individual mandate requiring health insurance</p> Signup and view all the answers

    What major effect did the legal battles surrounding ObamaCare have on U.S. healthcare policy?

    <p>They maintained coverage for millions despite ongoing debates</p> Signup and view all the answers

    What provision of the ACA protects individuals with pre-existing conditions?

    <p>Access to essential health benefits</p> Signup and view all the answers

    How does the ACA contribute to discussions on healthcare reform in the United States?

    <p>By providing a framework for expanding health coverage</p> Signup and view all the answers

    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.
    • 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.
    • 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.
    • 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 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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    Explore the fundamental concepts of public law, analyzing various legal systems globally, including civil and common law. Understand how these laws regulate human behavior and the sources from which they are derived. This quiz will enhance your knowledge about legal frameworks that govern society.

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