Natural Law: Partie 3 - Chapitre 1 & 2

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Questions and Answers

What is a fundamental principle of democracy according to Hugues Dumont and Mathias El Berhoumi?

Principle of national sovereignty

Principle of collective autonomy (correct)

Principle of judicial review

Separation of powers

What is the primary function of law according to the European Court of Human Rights?

To establish a system of checks and balances

To protect individual rights and freedoms

To ensure national security

To make distinctions based on relevant differences (correct)

What is a key condition of possibility for the democratic fact?

The existence of a constitution

The existence of a monarch or dictator

The existence of spaces for discussion governed by rules (correct)

The presence of international organizations

What is the relationship between the rule of law and democracy, according to the European Court of Human Rights?

There is a very close link between the two Signup and view all the answers

What is one of the fundamental rights and freedoms that occupy a prominent place in the democratic regime?

Freedom of conscience Signup and view all the answers

What is the principle that ensures that those subject to the same laws have the final say on their content and implementation?

Principle of popular sovereignty Signup and view all the answers

What is the fundamental principle underlying Article 51 of the UN Charter?

Inherent right to self-defense Signup and view all the answers

What is the primary obligation of parents according to Article 6 (2) of the German Constitution?

Upbringing and education of children Signup and view all the answers

According to the Luxembourg Constitutional Court, what is the basis of the right to adoption?

Positive law Signup and view all the answers

What is the relationship between natural law and positive law, according to the Luxembourg Constitutional Court?

Positive law is based on natural law Signup and view all the answers

What is the purpose of Article 43 of the Irish Constitution?

To recognize the natural right to private property Signup and view all the answers

What is the scope of Article 11 (3) of the Luxembourg Constitution?

Guarantee of natural rights of the human person and the family Signup and view all the answers

What is the implication of the reference to natural law in constitutional provisions?

The limitation of state power Signup and view all the answers

What is the relationship between natural law and human rights?

Natural law is a source of human rights Signup and view all the answers

What is the concept of civil disobedience often associated with?

Unlawful acts, often by collective actors Signup and view all the answers

Who is the philosopher who defined civil disobedience as 'a public, non-violent, consciously decided, but political act, contrary to the law and performed most often to bring about a change in the law or in government policy'?

John Rawls Signup and view all the answers

What is the idea at the heart of Locke's theory, also taken up in the great declarations and even in the German constitution?

The idea of challenging unjust laws Signup and view all the answers

What is the primary focus of civil disobedience, according to Habermas?

Appealing to the people's capacity for reason and sense of justice Signup and view all the answers

What is the significance of the concept of civil disobedience in relation to natural law?

It emphasizes the role of individual conscience in determining what is just Signup and view all the answers

What is the purpose of identifying the constitutive traits of civil disobedience, according to François Ost?

To distinguish civil disobedience from other forms of transgression of the law Signup and view all the answers

What is the condition that must be met for civil disobedience to be considered legitimate, according to some philosophers?

The act must be public and non-violent Signup and view all the answers

What is the significance of the concept of civil disobedience in relation to human rights?

It is a means of promoting human rights Signup and view all the answers

Study Notes

International Legal Texts

Article 51 of the UN Charter recognizes the right of individual or collective self-defense in case of an armed attack.
Article 43 of the Irish Constitution states that man has a natural right to private ownership of external property, prior to positive law.
Article 6 (2) of the German Constitution asserts that the upbringing and education of children is a natural right of parents and a primary obligation of parents.
Article 11 (3) of the Luxembourg Constitution guarantees the natural rights of the human person and the family.

Luxembourg Constitutional Court Ruling

The Luxembourg Constitutional Court confirmed that natural law exists independently of positive law and includes the right to procreation and community life.
The court stated that adoption, while established by positive law, must prioritize the best interests of the adopted child and society.

Democratic Regime and Natural Law

Democratic regimes require spaces for discussion governed by rules that make discussion possible and likely to lead to decisions, with fundamental rights and freedoms at their core.
Democracy is based on two principles: equality of members of the political community and collective autonomy, which is expressed in the sovereignty of the people.

The Rule of Law and Democracy

There is a close link between the rule of law and democracy, as people subject to the same laws must have a say in their content and implementation.
This idea is reflected in Locke's theory, the American and French declarations, and the German constitution.

Civil Disobedience

Civil disobedience can be seen as refusing to apply a law deemed to be contrary to a higher norm, even if that norm is not part of the legal order concerned.
The concept of civil disobedience involves publicly, non-violently, and consciously disobeying a law to bring about change or to uphold a higher moral principle.
Two key definitions of civil disobedience come from John Rawls and Jürgen Habermas, emphasizing public, non-violent, and principled acts of protest.
François Ost identifies seven cumulative conditions that distinguish civil disobedience from other forms of transgression of the law.

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