|
Constitution (Formal)
|
A central written document containing the basic rules that govern the state.
|
|
Constitution (Substantive)
|
The entire body of fundamental rules governing a political entity, regardless of whether they are codified in a single document.
|
|
Popular sovereignty
|
"We the people of the United States (...)"
|
|
National sovereignty
|
"The Spanish Nation, in the exercise of its sovereignty, (...)"
|
|
Content: maps of power
|
Define institutions and their relationships
|
|
Content: bill of rights
|
Garuntee fundamental rights.
|
|
Constitutional supremacy
|
The principle that the Constitution is the superior, paramount law, meaning any legislative act repugnant to it is void.
|
|
Parliamentary/Legislative Sovereignty
|
The doctrine prevalent in systems like the UK, where Parliament has the right to make or unmake any law whatever, and no person or body can override its legislation.
|
|
Separation of Powers
|
Public power is divided into three functions (legislating, implementing, interpreting/enforcing laws) and that these tasks should be allocated to different institutions and staffed by different people (Functional, Institutional, and Personal dimensions).
|
|
SoP: negative rationale
|
To void tyranny or the concentration of power (Montesquieu).
|
|
SoP: positive rationale
|
To enable mutual checks and balances (Madison via Marbury v. Madison).
|
|
Parliamentary systems
|
The executive (Prime Minister/Chancellor) is selected by the legislature and remains in office only if they maintain parliamentary confidence (subject to the vote of no confidence or motion of censure). Example: Germany, Spain.
|
|
Presidential systems
|
The President is directly elected, has an independent mandate, and is not subject to the rule of confidence (cannot be ousted by Parliament except via impeachment for grave offenses). Example: US.
|
|
Semi-presidential systems
|
Features a dual executive with a directly elected President and a Prime Minister accountable to Parliament (rule of confidence applies to the PM). Example: France.
|
|
The Executive branch
|
The Government, led by the Head of the Executive (President or Prime Minister/Chancellor). Implement and enforce laws
|
|
The Legislative branch
|
Parliament, Congress, or Legislature. Make laws, budget, and supervise the government.
|
|
The Judicial branch
|
The Courts (the Judiciary). Interpret and enforce laws, must be impartial and independent from government interference, which is deemed essential to protecting the Rule of Law.
|
|
Unitary vs. Federal States
|
Whether power is split between the central government and regional subunits (federal) or concentrated exclusively in the central government (unitary).
|
|
Rationale for Federalism
|
Federalism used as a check on limited government (distributive-based) or as a way to accommodate ethnic/social diversity (identity-based).
|
No comments yet.
Cheatography n. The art of mapping complex subjects into clear, instantly navigable reference guides.
