Comparative Constitutional Law
Jean Bodin's characteristics of sovereignty - correct answer-1. Public powers only owned by
the state
2. State is only source of law
3. State has primacy
4. Problem of legitimacy
Hobbes his ideas on the obligations of the sovereign - correct answer-1. Keep peace
2. Make law (legal positivism)
3. Prescribe behavior
4. Prescribe religion
5. Freedom of conscious
6. Right to life
John Lockes two treatises of government - correct answer-1. State of nature
2. Social contract
3. State is artificial
4. State is necessary evil
5. State exists to protect life, property and estate
6. Justification for revolution
7. Separation of powers
Rousseau ideas on social contract - correct answer-1. State creates freedom
2. Popular sovereign
3. Law is the general will of the people
Sieyes theory - correct answer-How sovereignty should be ope-rationalized; elected
parliament that has representatives with a free mandate. (priest)
Constitutive/Descriptive function - correct answer-Blue print of constitution
Integrative/Perscriptive function - correct answer-Mood board of constitution
Entrenchment - correct answer-1. Substantive
2. Conditional
3. Temporal
De Facto amendments - correct answer-1. Interpretation
2. Diminishing relevance
3. Judicial review
4. Globalisation
5. Wandering away of the constitution
Lockes SOP - correct answer-1. Legislative: king
2. Executive: parliament
, 3. Federative: king
Head of state - correct answer-Main public representative
Head of government - correct answer-Chief of executive branch
Presidential horizontal structuring - correct answer-1. President is elected separately
2. High separation degree
3. Legislation enacted by simple majority and presentation to the president , congress can
override presidential veto by 2/3 of the votes of both houses
Parliamentary horizontal structuring - correct answer-1. PM is chosen by legislature
2. Party controlling the legislature controls the executive branch
3. High degree of fusion
4. PM cannot change laws, formal legislative process must be observed.
5. Free mandate
Hybrid horizontal structuring - correct answer-1.President elected by the people and appoint
PM who must have support of parliamentary majority
2. President and PM share executive powers
3. French legislature is a bicameral parliament of a directly elected national assembly and an
indirectly elected senate national assembly has more power
Judicary characteristics - correct answer-1. Life Terms
2. High Salary
3. No membership in parliament.
4. Non-justiciability
5. Administrative courts.
Parliaments characteristics - correct answer-1. Free mandate
2. Immunity
3. High Salary
Parliament's tasks - correct answer-1. Representation
2. Power of the Purse
3. Executive/scrutinizing accountability
4. Make legislation
Majority system benefits and problems - correct answer-+ Stability
- Redrawing boundaries to benefit a particular party
- Strategic voting
Proportional representation system benefits and problems - correct answer-+ sincere voting
- reduced stability
Interest behind bicameralism - correct answer-1. A counterbalancing power mechanism
2. To express quasi-federal representation
3. Estates, nobility, clergy independent exercise
Jean Bodin's characteristics of sovereignty - correct answer-1. Public powers only owned by
the state
2. State is only source of law
3. State has primacy
4. Problem of legitimacy
Hobbes his ideas on the obligations of the sovereign - correct answer-1. Keep peace
2. Make law (legal positivism)
3. Prescribe behavior
4. Prescribe religion
5. Freedom of conscious
6. Right to life
John Lockes two treatises of government - correct answer-1. State of nature
2. Social contract
3. State is artificial
4. State is necessary evil
5. State exists to protect life, property and estate
6. Justification for revolution
7. Separation of powers
Rousseau ideas on social contract - correct answer-1. State creates freedom
2. Popular sovereign
3. Law is the general will of the people
Sieyes theory - correct answer-How sovereignty should be ope-rationalized; elected
parliament that has representatives with a free mandate. (priest)
Constitutive/Descriptive function - correct answer-Blue print of constitution
Integrative/Perscriptive function - correct answer-Mood board of constitution
Entrenchment - correct answer-1. Substantive
2. Conditional
3. Temporal
De Facto amendments - correct answer-1. Interpretation
2. Diminishing relevance
3. Judicial review
4. Globalisation
5. Wandering away of the constitution
Lockes SOP - correct answer-1. Legislative: king
2. Executive: parliament
, 3. Federative: king
Head of state - correct answer-Main public representative
Head of government - correct answer-Chief of executive branch
Presidential horizontal structuring - correct answer-1. President is elected separately
2. High separation degree
3. Legislation enacted by simple majority and presentation to the president , congress can
override presidential veto by 2/3 of the votes of both houses
Parliamentary horizontal structuring - correct answer-1. PM is chosen by legislature
2. Party controlling the legislature controls the executive branch
3. High degree of fusion
4. PM cannot change laws, formal legislative process must be observed.
5. Free mandate
Hybrid horizontal structuring - correct answer-1.President elected by the people and appoint
PM who must have support of parliamentary majority
2. President and PM share executive powers
3. French legislature is a bicameral parliament of a directly elected national assembly and an
indirectly elected senate national assembly has more power
Judicary characteristics - correct answer-1. Life Terms
2. High Salary
3. No membership in parliament.
4. Non-justiciability
5. Administrative courts.
Parliaments characteristics - correct answer-1. Free mandate
2. Immunity
3. High Salary
Parliament's tasks - correct answer-1. Representation
2. Power of the Purse
3. Executive/scrutinizing accountability
4. Make legislation
Majority system benefits and problems - correct answer-+ Stability
- Redrawing boundaries to benefit a particular party
- Strategic voting
Proportional representation system benefits and problems - correct answer-+ sincere voting
- reduced stability
Interest behind bicameralism - correct answer-1. A counterbalancing power mechanism
2. To express quasi-federal representation
3. Estates, nobility, clergy independent exercise
