Laws, Constitutions, and Federalism Flashcards

1
Q

What is a major feature of the modern State

A

“Law-boundedness:
- some level of order is important

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2
Q

Define Legal Positivism

A

Western conception that the law is what the state says it is

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3
Q

define Secularism

A

state takes legislative precedence over religious authority

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4
Q

What is the Rule Of Law

A

everyone in a society is expected to obey the law and is considered equal before it (including the leader)

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5
Q

what is the purpose of law

A

determines criminal behavior, punishment of criminals, provides rules for judging disputes

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6
Q

Define Law as a Check on power

A

Legal system can restrain abuse of power by the executive

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7
Q

what are the uses of Constitutions

A
  • denotes overall structure of states political system
  • outlines basic institutions of the state, procedure of changing them, and basic rights and obligations of citizens
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8
Q

What is Constitutionalism

A
  1. spirit of the constitution of a country
    or
  2. view of that the constitution is most fundamental principle of political life
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9
Q

define Federalism

A

dividing power between different authorities that have their own particular responsibilities

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10
Q

define two key federal institutions

A
  1. two-chamber parliament or legislative body (representatives of the provinces or state)
  2. Constitutional Court (rules on constitutionality of legislation)
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