WEEK 1, CH3

Question 1

Constitutional law

Answer 1

regulates and limits how power is distributed within a state

Question 2

constitutional law works through 3 main types of rules

Answer 2

1. Define the state: state boundaries, political system, historical/religious identity, state nationality etc.
2. Attribute powers to state institutions: give institutions specific powers and limits them
3. Recognize rights of citizens: rights that can be used to challenge abuse of power

Question 3

is a constitutional law only about written laws

Answer 3

no you also have to focus on how it works in practice, ‘‘law in action’’

Question 4

social contract

Answer 4

if authorities abuse their power, citizens can push back

Question 5

two concepts of freedom: negative and positive freedom

Answer 5

negative freedom: being free from interference: I can do whatever I want

positive freedom: gaining opportunities because of interference: because the state helps me, I can shape my life

Question 6

trias politica

Answer 6

Concept from French philosopher Montesquieu. Power is split between three branches

Legislature Makes the law
Executive Carries out (executes) the law
Judiciary Solves legal disputes (interprets law)

Each part limits the others to prevent abuse of power.

Question 7

State Structure

Answer 7

How power is distributed within a state

Question 8

two forms of state structure: federation and unitary state

Answer 8

1. Federation: a state made up of self-governing areas (like provinces, states, cities, regions). These areas have their own powers within limits defined by the federal constitution.
2. Unitary state: A unitary state is centrally organized. All power lies with national political institutions. Legislature, executive, and judiciary are centralized, holding exclusive power over:
   o Making laws
   o Executing laws
   o Interpreting laws

Question 9

Government System

Answer 9

How power is distributed among the political institutions of a state.

Question 10

government system has 2 types: monarchy and republic

Answer 10

monarchy: power lies with one person or passed through a royal family

republic: Power lies with elected political bodies, These bodies operate within the constitution and are headed by a president

Question 11

Democracy

Answer 11

A system in which the people have the highest power. They choose who governs them through representation.

Question 12

Parliamentary Structure: Bicameral System VS Unicameral System

Answer 12

bicameral system: Legislature = two houses (eerste en tweede kamer)
Unicameral system: Legislature = one house only

Question 13

executive

Answer 13

= the government, often led by a president or prime minister

Question 14

Principles of Good Governance

Answer 14

o Legitimacy
o Accountability
o Fairness

Question 15

Most countries have multiple court levels

Answer 15

1. District courts (first instance)
   → Handle civil/criminal cases.
2. Appellate courts (middle layer)
   → Review decisions made by lower courts.
3. Supreme Court (highest level)
   → Final decisions, especially constitutional matters.

Question 16

Constitutional Courts

Answer 16

Focus on disputes between the federation and its entities, or within federated entities