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LAWS2501 > Midterm! > Flashcards

Midterm! Flashcards

1
Q

Which one of the following is the theorist of the social contract?

a. Madison
b. Locke
c. Jefferson
d. Hamilton

A

b. Locke

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2
Q

The description of life in the state of war belongs to?

a. Madison
b. Rousseau
c. Hobbes
d. Marshall

A

c. Hobbes

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3
Q

Which theorist is expressly against the idea that popular sovereign can bind himself?

a. Rousseau
b. Hobbes
c. Locke
d. Kallsen

A

b. Hobbes

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4
Q

Which theorist believes that laws ought to be known to the people and that the judges be indifferent and upright persons to interpret those laws:

a. Kallsen
b. Sieyes
c. Jefferson
d. None of the above

A

d. None of the above, it was Locke

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5
Q

According to Madison Federalist no. 10 How do we control the effects of factions?

a. Representative gov in a large republic
b. Only thought majoritarian decision making
c. Through the separation of power
d. Through judicial review

A

c. through the separation of power

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6
Q

Type of federalism that develops through unitary states…as governments devolved…. through secession (to avoid conflict) is called:

a. Multi national federalism
b. Coming together federalism
c. Holding together federalism
d. Semi presidential federalism

A

c. Holding together federalism

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7
Q

Combination of self rule and shared rule characterizes this type of polity:

a. Military (Unitary?)
b. Presidential system
c. Federal state
d. Union state

A

c. Federal State

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8
Q

One of the following is not a feature of consociational democracy:

a. Grand coalition
b. Mutual veto
c. Segmental autonomy
d. Constitutional review

A

b. Mutual Veto

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9
Q

In empowering particular nationalities minorities consociational democracy is most similar to:

a. Semi presidentialism
b. Symmetric federalism
c. Asymmetric Federalism
d. Unitary state

A

c. Asymmetric Federalism

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10
Q

The idea of constituent power of the people was developed by Sieyes in the context of political struggle between the:

a. Political struggle for equality between the 1st 2nd and 3rd Estate during FR
b. Political struggle for abolishment of the first and second estate during the FR
c. Political struggle for social equality after the WW1
d. Political struggles for legal equality after the adoption of the French constitution in 1958

A

a. Political struggle for equality between the 1st, 2nd, and 3rd Estate during FR

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11
Q

In a federal state the rep of constituent (and territorial) units of the upper house are most often a political recognition of:

  a. Political and legal equality of different branches of power
  b. Legislative and executive judiciary
  c. Political equality of individual senators
  d. Political equality of the senate vis a vis the lower chamber
  e. Political and legal equality of the constituent and territorial units
A

e. Political and legal equality of the constituent and territorial units

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12
Q

Why do European countries generally not feature presidential systems?

a. Leaders are attentive to issues of presidential systems and sought to fix them in their countries
b. European countries chose to follow French example and implement a semi presidential system
c. Easier transition in history from monarch to parliamentary republic
d. Because the US did not adopt the presidential system until the end of WW2 (saw the bad effects of it)

A

c. Easier transition in history from monarch to parliamentary republic

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13
Q

Difference between semi presidential and the presidential systems of government?

A

???

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14
Q

What is the difference between the semi presidential system and parliamentary system?

a. In semi, the president is appointed by the parliament and in the parliamentary system he/she is nominated by the supreme court
b. In a parliamentary system, the president is responsible to the parliament and in a semi presidential system he/she is only responsible themselves
c. In a parliamentary system, the president cannot dissolve parliament without PM’s countersignature and in a semi-presidential system, he/she can do that
d. Semi presidential system offers a constructive vote of no confidence while the parliamentary system does not

A

d. Semi presidential system offers a constructive vote of no confidence while the parliamentary system does not

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15
Q

The country and year which the in the parliamentary system originated is:

a. France, 1958
b. France, 1789
c. France, 1976
d. It evolved over time so it is impossible to identify the precise year of its inception

A

d. It evolved over time so it is impossible to identify the precise year of its inception

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16
Q

Features of the Presidential System:

A
  • Direct election of the president (or direct-like)
  • President, neither dismissible or appointable by a parliamentary vote
  • President directs the executive; single-headed executive
17
Q

the country and year in which the presidential system originated:

a. France, 1958
b. France, 1979
c. France, 1946
d. None of the above

A

d. None of the Above

18
Q

Constitutionalism denotes:

a. An idea that the political power has to be exercised in the name of the people and subject to checks and balances
b. An idea that wielders of political power ought to maintain a great deal of discretion in exercising their political duty
c. An idea that the best political communities are the ones that conform to the British parliamentarism and the US presidential system of government
d. An idea that a small political community is the best one for democratic politics

A

a. An idea that the political power has to be exercised in the name of the people and subject to checks and balances

19
Q

The idea of consociational democracy is close to:

a. Separation of powers
b. Judicial review
c. Territorial federalism
d. Multinational federalism

A

d. Multinational Federalism

20
Q

In Canada the PM is obliged to resign if he doesn’t win seats . . .as because it is:

a. As a matter of expressed provision (Constitution act, 1867)
b. As a matter of constitutional convention that is developed in Canada after 1982
c. As a matter of constitutional convention inherited in Britain
d. None of the above

A

c. As a matter of constitutional convention inherited in Britain

21
Q

The idea of judicial review is most compatible with:

a. Absolute government
b. Popular sovereign
c. Parliamentary sovereignty and separation of powers
d. Constitutional review

A

c. Parliamentary sovereignty and separation of powers

22
Q
  • For Justice Marshall the right to adjudicate between the three branches of government belongs to:
    a. Judiciary because it is empathetic to the province of the judicial branch to say what the law is
    b. Judiciary because the constitution clearly entrusts the constitutional and judicial powers to the supreme court (?)
    c. Legislature
    d. Each branch individually in the cases that concern them
A

Judiciary because the constitution clearly entrusts the constitutional and judicial powers to the supreme court (?)

23
Q

Constitutionalism denotes that:

a. An idea that the political power has to be exercised in the name of the people and subject to checks and balances such as the direct election of the president
b. An idea that the political power has to be exercised in the name of the parliament subject to checks and balances
c. An idea that the political power has to be exercised in the name of the people and subject to checks and balances such as judicial review
d. An idea that that a small political community is the best vehicle for democratic politics

A

????

24
Q

The institution of the notwithstanding clause can be best understood as an attempt to reconcile:

a. Separation of powers and federalism
b. Federalism and parliamentary sovereignty
c. Parliamentary sovereignty and popular sovereignty
d. Popular sovereignty and the protection of minority rights

A

a. Separation of powers and federalism

25
Q

What is the purpose of the social contract?

A
  • Happiness and jobs for ZO (plus also protecting property rights)
  • transfer of power
  • also we are not the best judges in our own case
26
Q

What does the social contract justify?

A

-political power

27
Q

What are the sources of factions? (Madison)

A

“Liberty is to faction what air is to fire”

“a number of citizens, whether amounting to a minority or majority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.”

28
Q

What are the virtues of federalism as a system of government?

A

As opposed to several political units:
-foster peace, prevent fear of war
-economic prosperity
-facilitate objectives of sovereign states, such as credible commitments
As opposed to a unitary state:
-protect against central authority, better service not centralized decision-making
-accommodate minority nations
-increase citizen participation in public decision making
-shelter territorial based groups

29
Q

What are the virtues of multinational federalism?

A
  • facilitates democratic participation by distributing power to the government that seems most suited
  • facilitates the pursuit of collective goals by cultural and linguistic minorities
30
Q

What is the difference between liberal and corporate consociationalism?

A

Liberal consociationalism- rewards whatever salient political identities emerge in democratic elections, whether these are based on ethnic or religious groups, or on subgroups or transgroup identities (personal identities satisfied even if they are not majority groups)
Corporate- corporate or pre-determined consociation accommodates groups according to ascriptive criteria such as ethnicity, or religion, on the assumption that group identities are fixed and that groups are both internally homogeneous and externally bound (privilege certain identities over others)

31
Q

What are the virtues of parliamentarism in comparison to presidentialism?

A

??

32
Q

What is the purpose of the semi-presidential regime of government?

A

??

33
Q

What is the meaning of the constructive vote of non confidence?

A
  • This can happen only by electing a successor with the majority of its members and by requesting the Federal President to dismiss the Federal Chancellor
    and agreed upon by the majority of members
    -The Bundestag in Germany
34
Q

What is the reason for the tensions of popular sovereignty and constitutionalism?

A

??

35
Q

What are the demerits of including socio-economic rights in a constitution?

A

??

LAWS2501 (1 decks)

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