Law B

Question 1

Custumary law conditions

Answer 1

1) Evidence of continuous, uninterrupted, coherent practice
2) An opinio iuris (belief practice is a legal obligation)
3) A lacuna in the written law

Question 2

Case law

Answer 2

Judicial Decisions

Question 3

Constitution

Answer 3

Set of fundamental principles and rules, defines nature, function and organization of a state

Question 4

Constituion : Formal sense

Answer 4

ecompases all legal provisions enactged int eh special enactment procedure of the constitution

Question 5

Constituion : Substantive sense

Answer 5

All essential legal principles concerning the nature of the state and its relation to individuals

Question 6

Functions of a constitution

Answer 6

• order and organization
• limits of power and guarantees of freedom
• creation and direction

Question 7

Principle of the rechtsstaat

Answer 7

• limit power of teh state by law
• in order to protect individuals from the arbitrary exercise of authority

Question 8

Federalism

Answer 8

composite structure of two or more orders of government combining federal shared rule and self rule of the constuent political units

Question 9

Principle of subsidary

Answer 9

In case tehre is a task and the lowest level is able to fufil this task then it should stay on that levebl, if it is too difficult then go to the other level

Question 10

Comprehensive Competency

Answer 10

Federation may enact any legal regulation for any matter pertaining to the field it considers apropriate

Question 11

Fragmentary Competency

Answer 11

Pederation is inly allowed to regulate a freagment

Question 12

Framework Competency

Answer 12

the federal competencies are restricted to passing a skeletal law, leaving the cantons enough latitude for detailed regulations tailed for their special needs

Question 13

Direct democracy

Answer 13

ppl decide on policy questions directly , all eligble citizens have direct and active participation in the decision-making, ideal form = no. parliment

Question 14

Representative Democracy

Answer 14

The peoples participation is limited to the election of government officials representing the people. The people in general do not decide on questions of the policy

Question 15

Semi-direct democracy

Answer 15

A representative democracy with instruments of direct democracy, there are instruments such as reforendum, popular initiative