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ITL, chapter 8

Chapter 8, Consititutional Law

Chapter 8, Consititutional Law


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Karten 29
Sprache English
Kategorie Recht
Stufe Universität
Erstellt / Aktualisiert 30.09.2014 / 30.09.2014
Lizenzierung Keine Angabe    (Introduction to Law)
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What is constitutional law ?

The branch of law that regulates the state itself.

What are the four sources of constitutional law ?

1) Constitution: a central written document where constitutional rules have been laid down.

2) Case law: when courts lay down rules with a constitutional focus.

3) Customs: 

4) Entrenchment: a meant to make change in the constitution harder to accomplish than changes in ordinary law.

What are the three themes of constitutional law ?

1) State power established

2) State power constrained

3) State power democratized 

What is a state?

A state is an organization that is able to control a certain territory and the people living in it.

Both in the sense of defending it against the outside world and in the sense of exercising powers and maintaining law and order inside its own border.

What are the two types of sovereignty ?

Internal and external sovereignty.

What is internal sovereignty ?

It is exercising powers and maintaining law and order inside its own border.

 

What is external sovereignty ?

the mutual relation between states.

A sovereign state is independent of other states and other states are normally not authorised to interfere into internal affairs of a sovereign state.

What is the relation between a nation and a nation-state ?

When people share common characteristics and have a (long) common history, it gives them a feeling of a shared past and an identity. Such a group of people is called a nation.

When a state is inhabited by such a nation, it is called state-nation.

Where such unifying factors do not exist spontaneously, states can make an effort to create more unity.