Comparative Constitutional Law
What is a constitution? - correct answer-a document, drafted by or assigned to the people. It
has the purpose of establishing, organizing, and limiting the powers of the governing
institutions. In a substantive sense, the term is broader and also encompasses the set of
norms and principles constituting and structuring the government and defining the limits of
government authority.
What are variations in constitutions? - correct answer-In length, written or uncodified, flexible
(easy to amend) or rigid
What is constitutional law? - correct answer-'Constitutional law' is not only concerned with
the documented constitutions. The constitutional texts need to be seen in their political
context and in the light of constitutional practice and constitutional interpretation by political
institutions.
How does constitutional law differ from other law? - correct answer-Hierarchy - constitutional
law takes precedence over other law if there is a conflict (ultimate rule of recognition is the
only thing higher than this)
Very political, it is not useful to study out of a book because it is very much about
interpretations and political contexts.
What are the sources of constitutional law? - correct answer-Documented constitutions,
interpretations and applications of constitutions, statutes, governmental practices. Case law,
customs, conventions. Doctrine (what people think is the origin of set of morals and rules
etc)
Can UK courts rule on compliance of primary legislation with human rights as laid down in
the European Convention on Human Rights (ECHR)? - correct answer-No, but higher UK
courts may issue a declaration of incompatibility if they consider that a provision of primary
legislation may be incompatible with a Convention right.
What is a semi-presidential system? - correct answer-has a Head of State with an
independent mandate and executive competences, as well as a Head of Government who is
accountable to Parliament
Is the following statement true? "When a statute is found not in accordance with the
constitution in Germany and the US, it is declared void." - correct answer-No, the
consequence in the US is that the statute is set aside (continues to exist but is no longer
applied) while in Germany it is declared unconstitutional with the possibility to also be
declared void
Which clauses have been used to broaden federal legislative competence in the United
States? - correct answer-the necessary and proper clause, the power of the purse clause,
and the commerce clause
,What are norms of constitutionalism? - correct answer-government under the rule of law,
democracy, respect for fundamental rights and accompanying principles such as an
independent judiciary and the separation of powers. Constitutionalism is concerned with the
legitimacy of the constitution in a more formal sense and aims to explain why the constitution
is accepted as the supreme law.
What are constitutional originalists? - correct answer-Originalists believe that the
constitutional text ought to be given the original public meaning that it would have had at the
time that it became law. Originalists argue that the meaning of the constitutional text is fixed
and that it should bind constitutional actors. Living constitutionalists are opposite, contend
that constitutional law can and should evolve in response to changing circumstances and
values.
What are arguments against living constitutionalism? - correct answer-1. constitutional
interpretation becomes nothing more than unconstrained, constitutional creation or
construction masquerading as interpretation. 2. living constitutionalism robs the constitution
of its ability to serve its guidance function—how can individuals be guided by a constitution
whose application to their conduct and choices will be determined by the unconstrained
views of later so-called interpreters?. 3. violates seperation of powers. if the constitution and
its limits become whatever contemporary interpreters take them to mean, and if those
interpreters tend to be found almost exclusively in courts populated by individuals who were
appointed not elected, then democratically unaccountable judges end up deciding what the
proper limits of government power shall be.
What kind of country is the US constitutionally? - correct answer-(Constitutional) federal
republic.
"Federal" means that there is both a national government and governments of the 50 states.
In federal states, the states have a lot of power, type of competence they have: legislative
power over themselves (in territorial subunits), also participate in national law-making,
entrenchment, so it is very hard to take away the constitutional powers given to the states (it
is entrenched in the constitution).
A "republic" is a form of government in which the people hold power, but elect
representatives to exercise that power. Republic is essentially the opposite of monarchy.
What are the territorial subunits of the US and how are these constitutionally organised? -
correct answer-The 50 states, as well as the District of Columbia, Puerto Rico, and American
Samoa (likely some others)
How many electors are there (US)? - correct answer-538
What falls under the executive branch in the US? - correct answer-president, vice president,
most federal agencies.
How is the US executive branch appointed? - correct answer-The US President is elected by
an electoral college for a term of four years (art II (1) and 12th amendment). The term is
renewable only once. Each state may have as many electors as it has senators in the US
Senate (always two) and congressmen in the House (at least one but mainly based on
population size. The electors vote by absolute majority for the President and vice-president.
, What is the role of the US executive branch? - correct answer-President appoints cabinet of
ministers, nominates SP judges, and sometimes other federal judges (Art II (2)). The
President may dismiss ministers. The President is commander-in-chief of the armed forces.
Powers include a veto in legislative process (art I(7)). Vice-president is president of the
Senate (Art I (3)).
How can the executive branch of US government be impeached? - correct answer-The
president, vice-president, or any executive member that is guilty of treason, bribery or
another high crime can be removed from office through impeachment (art II (4)). The House
can start an impeachment procedure (art I (2)). Senate decides, by 2/3rds majority of
members present, whether this happens (art I(3)). There is one judge involved. In the case
of presidential impeachment trials, the chief justice of the United States presides.
What is the legislative branch of US government? And what is its role? - correct
answer-Congress (Senate and House of Representatives). The Senate's consent is always
required to pass federal legislation; it cannot be overruled by House of Reps (art I(7)). It is
the Senate, not the House that has to give its approval if the President concludes
international treaties, and if the president nominates people.
How is the US legislative branch appointed? - correct answer-The House of Representatives
is elected in nation-wide general elections (art. I(2) and 14th amendment US constitution)
through votes in congressional districts, they serve for a term of 2 years. The Senate
represents the States, and each state, no matter its size, is represented by two senators (art
I (3). Each senator is elected within the state they will represent by the people directly (17th
amendment). You win through plurality, so you need more votes than anyone else in the
same district. Can never have 2 senators switch at same time.
How can the US legislative branch be removed? - correct answer-The members of the
Cabinet serve at the pleasure of the president, who can dismiss them at any time without the
approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v.
United States.
Article I, section 5 of the United States Constitution provides that "Each House [of Congress]
may determine the Rules of its proceedings, punish its members for disorderly behavior,
and, with the concurrence of two-thirds, expel a member."
What is the judicial branch of US government and its purpose? - correct answer-Supreme
Court (and other courts). SP hears appeals from lower courts, and in first instance cases
concerning diplomats.
Can overturn unconstitutional laws.
How is the US judicial branch appointed? - correct answer-Federal judges, including SP
judges, are appointed by the President with the advice and consent of the Senate (art II (2)).
It takes a simple majority of votes—51 if all 100 Senators vote—to pass cloture and end
debate about a federal judicial nominee. Once the debate ends, the Senate votes on
confirmation.
What is a constitution? - correct answer-a document, drafted by or assigned to the people. It
has the purpose of establishing, organizing, and limiting the powers of the governing
institutions. In a substantive sense, the term is broader and also encompasses the set of
norms and principles constituting and structuring the government and defining the limits of
government authority.
What are variations in constitutions? - correct answer-In length, written or uncodified, flexible
(easy to amend) or rigid
What is constitutional law? - correct answer-'Constitutional law' is not only concerned with
the documented constitutions. The constitutional texts need to be seen in their political
context and in the light of constitutional practice and constitutional interpretation by political
institutions.
How does constitutional law differ from other law? - correct answer-Hierarchy - constitutional
law takes precedence over other law if there is a conflict (ultimate rule of recognition is the
only thing higher than this)
Very political, it is not useful to study out of a book because it is very much about
interpretations and political contexts.
What are the sources of constitutional law? - correct answer-Documented constitutions,
interpretations and applications of constitutions, statutes, governmental practices. Case law,
customs, conventions. Doctrine (what people think is the origin of set of morals and rules
etc)
Can UK courts rule on compliance of primary legislation with human rights as laid down in
the European Convention on Human Rights (ECHR)? - correct answer-No, but higher UK
courts may issue a declaration of incompatibility if they consider that a provision of primary
legislation may be incompatible with a Convention right.
What is a semi-presidential system? - correct answer-has a Head of State with an
independent mandate and executive competences, as well as a Head of Government who is
accountable to Parliament
Is the following statement true? "When a statute is found not in accordance with the
constitution in Germany and the US, it is declared void." - correct answer-No, the
consequence in the US is that the statute is set aside (continues to exist but is no longer
applied) while in Germany it is declared unconstitutional with the possibility to also be
declared void
Which clauses have been used to broaden federal legislative competence in the United
States? - correct answer-the necessary and proper clause, the power of the purse clause,
and the commerce clause
,What are norms of constitutionalism? - correct answer-government under the rule of law,
democracy, respect for fundamental rights and accompanying principles such as an
independent judiciary and the separation of powers. Constitutionalism is concerned with the
legitimacy of the constitution in a more formal sense and aims to explain why the constitution
is accepted as the supreme law.
What are constitutional originalists? - correct answer-Originalists believe that the
constitutional text ought to be given the original public meaning that it would have had at the
time that it became law. Originalists argue that the meaning of the constitutional text is fixed
and that it should bind constitutional actors. Living constitutionalists are opposite, contend
that constitutional law can and should evolve in response to changing circumstances and
values.
What are arguments against living constitutionalism? - correct answer-1. constitutional
interpretation becomes nothing more than unconstrained, constitutional creation or
construction masquerading as interpretation. 2. living constitutionalism robs the constitution
of its ability to serve its guidance function—how can individuals be guided by a constitution
whose application to their conduct and choices will be determined by the unconstrained
views of later so-called interpreters?. 3. violates seperation of powers. if the constitution and
its limits become whatever contemporary interpreters take them to mean, and if those
interpreters tend to be found almost exclusively in courts populated by individuals who were
appointed not elected, then democratically unaccountable judges end up deciding what the
proper limits of government power shall be.
What kind of country is the US constitutionally? - correct answer-(Constitutional) federal
republic.
"Federal" means that there is both a national government and governments of the 50 states.
In federal states, the states have a lot of power, type of competence they have: legislative
power over themselves (in territorial subunits), also participate in national law-making,
entrenchment, so it is very hard to take away the constitutional powers given to the states (it
is entrenched in the constitution).
A "republic" is a form of government in which the people hold power, but elect
representatives to exercise that power. Republic is essentially the opposite of monarchy.
What are the territorial subunits of the US and how are these constitutionally organised? -
correct answer-The 50 states, as well as the District of Columbia, Puerto Rico, and American
Samoa (likely some others)
How many electors are there (US)? - correct answer-538
What falls under the executive branch in the US? - correct answer-president, vice president,
most federal agencies.
How is the US executive branch appointed? - correct answer-The US President is elected by
an electoral college for a term of four years (art II (1) and 12th amendment). The term is
renewable only once. Each state may have as many electors as it has senators in the US
Senate (always two) and congressmen in the House (at least one but mainly based on
population size. The electors vote by absolute majority for the President and vice-president.
, What is the role of the US executive branch? - correct answer-President appoints cabinet of
ministers, nominates SP judges, and sometimes other federal judges (Art II (2)). The
President may dismiss ministers. The President is commander-in-chief of the armed forces.
Powers include a veto in legislative process (art I(7)). Vice-president is president of the
Senate (Art I (3)).
How can the executive branch of US government be impeached? - correct answer-The
president, vice-president, or any executive member that is guilty of treason, bribery or
another high crime can be removed from office through impeachment (art II (4)). The House
can start an impeachment procedure (art I (2)). Senate decides, by 2/3rds majority of
members present, whether this happens (art I(3)). There is one judge involved. In the case
of presidential impeachment trials, the chief justice of the United States presides.
What is the legislative branch of US government? And what is its role? - correct
answer-Congress (Senate and House of Representatives). The Senate's consent is always
required to pass federal legislation; it cannot be overruled by House of Reps (art I(7)). It is
the Senate, not the House that has to give its approval if the President concludes
international treaties, and if the president nominates people.
How is the US legislative branch appointed? - correct answer-The House of Representatives
is elected in nation-wide general elections (art. I(2) and 14th amendment US constitution)
through votes in congressional districts, they serve for a term of 2 years. The Senate
represents the States, and each state, no matter its size, is represented by two senators (art
I (3). Each senator is elected within the state they will represent by the people directly (17th
amendment). You win through plurality, so you need more votes than anyone else in the
same district. Can never have 2 senators switch at same time.
How can the US legislative branch be removed? - correct answer-The members of the
Cabinet serve at the pleasure of the president, who can dismiss them at any time without the
approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v.
United States.
Article I, section 5 of the United States Constitution provides that "Each House [of Congress]
may determine the Rules of its proceedings, punish its members for disorderly behavior,
and, with the concurrence of two-thirds, expel a member."
What is the judicial branch of US government and its purpose? - correct answer-Supreme
Court (and other courts). SP hears appeals from lower courts, and in first instance cases
concerning diplomats.
Can overturn unconstitutional laws.
How is the US judicial branch appointed? - correct answer-Federal judges, including SP
judges, are appointed by the President with the advice and consent of the Senate (art II (2)).
It takes a simple majority of votes—51 if all 100 Senators vote—to pass cloture and end
debate about a federal judicial nominee. Once the debate ends, the Senate votes on
confirmation.
