chapter 3

Question 1

constitutional law

Answer 1

regulates and restricts the attribution of power within a state.

Question 2

social contract

Answer 2

European philosophers argued that in a society, citizens willingly gave up part of their sovereignty to the authority of the state. in exchange, citizens could benefit from a safe and secure society. it is the authority’s job to maintain this. when authorities exceed or abuse their powers, citizens would have the right to stand up against their rulers.

Question 3

negative freedom/government abstaining

Answer 3

means that one is free to do whatever he wants, without any interference.

Question 4

positive freedom/government interference

Answer 4

means that as a result of interference one has the opportunity to better give direction to his life. positive expresses the existence of interference in the life of a citizen.

Question 5

trias politica

Answer 5

the organisation of a state by separating legislative, executive, and judicial powers. this was argued by Montesquieu.

Question 6

legislature

Answer 6

responsible for law making.

Question 7

executive branch

Answer 7

responsible for executing the law in practice. usually the government led by a president or prime minister. it has to act in compliance with the laws of the legislature, but usually has a certain margin of discretion in how to execute these laws.

Question 8

judiciary

Answer 8

responsible in settling legal disputes.

Question 9

state structure

Answer 9

the way power is distributed amongst the entities of a state.

Question 10

federation

Answer 10

a state that unites federated areas that are self-governing within the boundaries set by the federation. such entities can be provinces, states, cities, etc. the autonomy differs per federation and is mostly determined in the constitution of the federation.

Question 11

unitary state

Answer 11

a centrally organised state in which all power is vested in national political institutions. the legislature, executive branch, and judiciary are centrally focussed and have exclusive power to ultimately deal with the adoption, execution, and interpretation of the law.

Question 12

government system

Answer 12

the way in which power is distributed amongst the political institutions of a state.

Question 13

Constitutional Court

Answer 13

may be established as a solution to tensions between legislators of federated entities and the federal legislation, especially when there is uncertainty about the exact limits of their jurisdiction. the court amongst others settles disputes between these different legislators. the primary competence is to review legislation against the constitution.

Question 14

monarchy

Answer 14

a state in which the highest power is vested in and distributed from one person or a group of persons. it is a government system.

Question 15

republic

Answer 15

a state in which the highest power is attributed to political bodies that rule within the boundaries of a constitution and is headed by a president. the highest legislative power is authorised by the constitution and consists of a body that represents the people.

Question 16

democracy

Answer 16

a form of government in which the highest power is vested in the people that are governed. this means that the people decide who represents them in decision-making processes. mostly, the judiciary is appointed by the legislature or the executive branch.

Question 17

bi-cameral system

Answer 17

where the legislative branch is composed of two houses: an upper house and a lower house.

Question 18

unicameral system

Answer 18

where the legislative branch is composed of one house.

Question 19

principles of good governance

Answer 19

‘rules of the game’ to which an executive branch should commit. they vary per legal system, but usually include legitimacy, accountability, and fairness.

Question 20

district courts

Answer 20

courts of first instance that rule on most civil and criminal law cases. it is the lowest level of the judiciary.

Question 21

intermediate courts/appellate courts

Answer 21

serve as a court of appeal against decisions of the district courts. it is the middle layer of the judiciary.

Question 22

Supreme Court

Answer 22

functions as a court of last instance.