Constitutional law final exam
Direct democracy - correct answer-System in which citizens in a country take all the political
decisions directly. Nowadays: none of the countries we study.
Indirect/Representative democracy - correct answer-Citizens elect some representatives
who are in charge of all the political decisions, e.g., 2,4 or 5 years. We don't have 100%
either. We have incorporated some direct democracy into representative democracy.
Examples: referendum, popular initiative, plebiscite.
Referendum - correct answer-public authorities ask citizens. E.g., Brexit referendum,
Switzerland 2009 referendum to ban mosques. Switz expelling foreigners. Non legally
binding (majority wins - not always right!)
Popular initiative - correct answer-people ask parliament to pass a bill on once specific topic.
Non legally binding
Plebiscite - correct answer-consultation. Asking citizens what they think about a law
passed/will by the government. non legal non binding
public votings - correct answer-Once they are done, they are socially binding to the
government.
Main tasks of parliament. 1) Make law - correct answer-National parliament → pass
federal/national law
State parliament (ccaa, länder) → 51 usa, 17 de, 18 es. pass state law (only bound for the
state). Regulate health, housing. German basic law ART29 national law prevails. In the USA
national law prevails over state law.
They distribute the topics between them.
Parliament is the rule maker. People are part of the lawmaking process. GOVERNMENT IS
ALSO RULE MAKER. Countries with common law system case law
Main tasks of parliament: 2) special law/financial function - correct answer-Parliament can
pass special law every year (periodically). FINANCIAL FUNCTION (federal/general budget)
Spending and taxation.
Law-Federal Budget. This is the main government tool to make policies. The budget is
approved by the parliament but it is only for the government. No money = no politics
Two Main parts: Incomes and Expenses.
Income: Taxes
Expenses: Money the government wants to spend e.g. defence, education, health, social
services.
, Main tasks of parliament: 3) Controlling the other institutions. - correct answer-Government
Ordinary (day to day parliament v government, commissions, queries made to members of
government about policies government is adopting)
Exceptional (impeachment, rule of no confidence)--> no veto power. Only veto on each other
Judicial
Appointment of judges (they say yes or no but president chooses them)
Parliament cannot declare case law void
Unicameralism - correct answer-One chamber. Greece, Portugal, Sweden, NZ.
Bicameralism parliament + perfect bicameralism - correct answer-Lower and Upper
chamber.
Perfect bicameralism: both have the same power. Both need to approve bills, both have veto
power over each other. E.g., USA
Parliament election system (1. CONSTITUENCIES) - correct answer-The process where
millions of votes are translated into hundreds of seats in parliament.
Divide the country into different areas where people can go and vote. CONSTITUENCY
(distrito electoral)→ USA has 435. UK 650. SP 50. DE 295 FR 577
Can be used illegally → gerrymandering.
Parliament election system (2. BALLOTS) - correct answer-Papeleta electoral. They state
who will go to parliament
Open list: you can write the name of the candidate YOU want. Not v frequent in national
parliament elections. E..g australia
Closed list: candidates are included in the list→ preselected
a) Blocked lists: the list of candidates, cannot select only one of them, all or none. You select
the whole party, not a single candidate. Applies to most. If you select one/CHORIZO: null
vote.
b) Unblocked list: out of the total number of candidates you can pick 1/2/3... varies by
country.
Sábana electoral: unblocked list, pick and choose from different parties.
Parliament elction system (3. Electoral system - MAJORITARIAN) - correct
answer-ELECTORAL SYSTEM → mathematical formula to convert millions of votes to
hundreds of seats in Congress
Majoritarian system (normally relative majority, but can be absolute majority)
a) PURE: 1 Candidate who obtains the most votes in the constituency wins the seat and
goes to parliament.
Direct democracy - correct answer-System in which citizens in a country take all the political
decisions directly. Nowadays: none of the countries we study.
Indirect/Representative democracy - correct answer-Citizens elect some representatives
who are in charge of all the political decisions, e.g., 2,4 or 5 years. We don't have 100%
either. We have incorporated some direct democracy into representative democracy.
Examples: referendum, popular initiative, plebiscite.
Referendum - correct answer-public authorities ask citizens. E.g., Brexit referendum,
Switzerland 2009 referendum to ban mosques. Switz expelling foreigners. Non legally
binding (majority wins - not always right!)
Popular initiative - correct answer-people ask parliament to pass a bill on once specific topic.
Non legally binding
Plebiscite - correct answer-consultation. Asking citizens what they think about a law
passed/will by the government. non legal non binding
public votings - correct answer-Once they are done, they are socially binding to the
government.
Main tasks of parliament. 1) Make law - correct answer-National parliament → pass
federal/national law
State parliament (ccaa, länder) → 51 usa, 17 de, 18 es. pass state law (only bound for the
state). Regulate health, housing. German basic law ART29 national law prevails. In the USA
national law prevails over state law.
They distribute the topics between them.
Parliament is the rule maker. People are part of the lawmaking process. GOVERNMENT IS
ALSO RULE MAKER. Countries with common law system case law
Main tasks of parliament: 2) special law/financial function - correct answer-Parliament can
pass special law every year (periodically). FINANCIAL FUNCTION (federal/general budget)
Spending and taxation.
Law-Federal Budget. This is the main government tool to make policies. The budget is
approved by the parliament but it is only for the government. No money = no politics
Two Main parts: Incomes and Expenses.
Income: Taxes
Expenses: Money the government wants to spend e.g. defence, education, health, social
services.
, Main tasks of parliament: 3) Controlling the other institutions. - correct answer-Government
Ordinary (day to day parliament v government, commissions, queries made to members of
government about policies government is adopting)
Exceptional (impeachment, rule of no confidence)--> no veto power. Only veto on each other
Judicial
Appointment of judges (they say yes or no but president chooses them)
Parliament cannot declare case law void
Unicameralism - correct answer-One chamber. Greece, Portugal, Sweden, NZ.
Bicameralism parliament + perfect bicameralism - correct answer-Lower and Upper
chamber.
Perfect bicameralism: both have the same power. Both need to approve bills, both have veto
power over each other. E.g., USA
Parliament election system (1. CONSTITUENCIES) - correct answer-The process where
millions of votes are translated into hundreds of seats in parliament.
Divide the country into different areas where people can go and vote. CONSTITUENCY
(distrito electoral)→ USA has 435. UK 650. SP 50. DE 295 FR 577
Can be used illegally → gerrymandering.
Parliament election system (2. BALLOTS) - correct answer-Papeleta electoral. They state
who will go to parliament
Open list: you can write the name of the candidate YOU want. Not v frequent in national
parliament elections. E..g australia
Closed list: candidates are included in the list→ preselected
a) Blocked lists: the list of candidates, cannot select only one of them, all or none. You select
the whole party, not a single candidate. Applies to most. If you select one/CHORIZO: null
vote.
b) Unblocked list: out of the total number of candidates you can pick 1/2/3... varies by
country.
Sábana electoral: unblocked list, pick and choose from different parties.
Parliament elction system (3. Electoral system - MAJORITARIAN) - correct
answer-ELECTORAL SYSTEM → mathematical formula to convert millions of votes to
hundreds of seats in Congress
Majoritarian system (normally relative majority, but can be absolute majority)
a) PURE: 1 Candidate who obtains the most votes in the constituency wins the seat and
goes to parliament.
