Public vs. Private Law

<p>Political positivism (B)</p> Signup and view all the answers

<p>They could still hold validity as norms (A)</p> Signup and view all the answers

<p>Public Law (B)</p> Signup and view all the answers

<p>Commercial Law (B)</p> Signup and view all the answers

<p>Grundnorm (C)</p> Signup and view all the answers

<p>It limits public authority. (A)</p> Signup and view all the answers

<p>Middle Ages (C)</p> Signup and view all the answers

<p>Lower norms assume authority from higher norms. (C)</p> Signup and view all the answers

<p>Labor Law (D)</p> Signup and view all the answers

<p>As a theoretical construct with no legal standing. (B)</p> Signup and view all the answers

<p>The act is considered an illegal act of treason. (C)</p> Signup and view all the answers

<p>The moral or ethical standards of society. (A)</p> Signup and view all the answers

<p>The sovereign creates the state and the constitution. (C)</p> Signup and view all the answers

<p>It refers to the friend-enemy distinction. (B)</p> Signup and view all the answers

<p>The law defines the people and their social order. (D)</p> Signup and view all the answers

<p>It encompasses both political unity and social order. (C)</p> Signup and view all the answers

<p>Amendments diminish the constitutional identity by treating provisions like regular laws. (C)</p> Signup and view all the answers

<p>A legal framework that resolves disputes solely through legislation. (B)</p> Signup and view all the answers

<p>It supports voluntary alliances among sovereign states. (B)</p> Signup and view all the answers

<p>A person or body whose authority is uncontested. (A)</p> Signup and view all the answers

<p>Positive is about the laws themselves, Relative provides continuity over time. (C)</p> Signup and view all the answers

<p>Constitutional supremacy governs the legality of lower norms. (A)</p> Signup and view all the answers

<p>The dehumanization of political opponents. (B)</p> Signup and view all the answers

A constitution that is a strong declaration against a previous political system, designed to prevent a return to that system.

The validity of a constitution comes from its faithfulness to the political will of the people. Laws must represent the will of the people, even if they aren't morally sound.

The power to create or change a constitution. This power could be held by an individual or a body.

Schmitt criticizes legal positivism, which states that laws are valid simply because they are enacted. He believes that the content of laws matters and must reflect the political will of the people.

Schmitt sees amendments as creating a whole new constitution, rather than simply altering the existing one. He believes amendments reduce constitutions to the level of ordinary laws.

Deals with relationships between individuals and public institutions, including the relationship between institutions themselves.

Governs relationships between individuals, including contracts, commerce, and family matters.

Branch of public law that establishes the fundamental principles and framework of a government.

Power rests with the people, majority rules, and there are no individual rights or due process.

Government where individual rights are protected, public authority is limited, and the will of the people is balanced with legal protections.

Kelsen believed that the validity of legal norms is based on their form, not their content. He proposed a hierarchical structure of norms, with a 'Grundnorm' at the top.

The ultimate source of legal validity, a hypothetical concept that validates the constitution.

According to Kelsen, the state is a system of organized legal norms, not a political entity.

The state is defined by its legal system. It is its law.

The power to create or change a constitution is outside the law itself.

'The People' are a system of legal acts, not the physical group of people.

The validity of a law doesn't depend on morality, justice, or a new 'grundnorm.'

Statutes are valid if they correspond to the constitution. They are invalid if they contradict it.

The Sovereign is the one who decides on exceptions to the law.

Constitutions don't fall from trees, they are created by the Sovereign.

The state IS the constitution, they are inseparable.

Laws get their validity from the sovereign's political will.

Each change in the French constitution resulted in a new republic.

The state is a projection of the friend-enemy distinction.

The friend-enemy distinction becomes crucial during states of emergency.

Absolute: Defines the whole state, Relative: Provides continuity, Positive: Outcome of political decision, Concrete: Result of negotiation.

Kelsen's view focuses on the constitution as a set of equal laws, ignoring the importance of some over others.