Comparative Constitutional Law Vocab
public law - correct answer-part of law dealing with legal relationships concerning public
authorities and private persons
private law - correct answer-part of law dealing with relationships between private persons
civil law - correct answer-type of legal system in which statutory law is the most important
source of law
common law - correct answer-model of legal system in which judiciary and statutory law are
together the stronger source of law
State - correct answer-organizational form of political power that is sovereign both in
domestic given territory and on the international stage
nation - correct answer-cultural, ethnic entity
constitutionalism - correct answer-limited government where exercise of public power is
governed and constrained by a constitution and rule of law
constitutional substantive flexibility - correct answer-judicial interpretation most important role
in judging flexibility
Direct democracy - correct answer-national sovereignty, > Abbe Siéyes (1738-1836)
Popular Sovereignty - correct answer-Jean Jacque Rousseau (1712-1778)
Political function of Constitution - correct answer-posit legal boundaries to political power
and the holders of the sovereignty, map out political institutions
Societal function of Constitution - correct answer-define a breakthrough moment in given
society, nation building tool,
Constituent Power - correct answer-nation establishing state and constituting rulers and
institutions, power established by real holders of constitutional sovereignty
Constituted Amending Power - correct answer-mechanism designed by constitution for the
amendment to the constitution
Formal Substantive Amendability - correct answer-amendability represented by clauses in
constitution
Informal Substantive Amendability - correct answer-amendability represented by judicial
interpretation
, Superconstitution - correct answer-constitution contains 2 sets of clauses that are tiered
clauses: superior tier subject to eternity clause, inferior tear subject to amendable provisions
horizontal structuring - correct answer-separation of legislature, executive and judicial
powers
perfect bicameralism - correct answer-two chambers of parliament have equal powers
imperfect bicameralism - correct answer-two chambers of parliament have unequal powers
Chief of State - correct answer-leader of state as a whole (president)
Head of Government - correct answer-leader of goverment ( prime minister)
assembly regime - correct answer-confusions of powers, no separation of powers in reality
Plurality voting - correct answer-electoral decisions are decided with a RELATIVE majority
Majority voting - correct answer-electoral decisions are decided with an ABSOLUTE majority
Proportional representation - correct answer-allocation of seats after election is determined
by proportion of votes achieved by each candidate
Duverger's Law/ Principle of Dualism - correct answer-concentration of political party activity
occurs between two main parties, this leads to governmental stability
Multipartism - correct answer-when government is divided between a large variety of parties,
none of which has a decisive majority, this leads to small parties coming to power, and
governmental instability
Advice and Consent of State - correct answer-constitutional element in USA constitution,
where one the senate has power to advice and consent on actions taken by the executive
and judiciary branch
Institutional Law - correct answer-separation of powers, electoral system, division of tasks,
amendment procedures
Human Rights Law - correct answer-relationships between private persons, relationships
between gov and private persons
Vertical Structuring - correct answer-structuring of government and citizen relationships
(hierarchy)
Kelsen + Reichsstaat Rule of Law - correct answer-exercise of governmental power is
constrained by the law, Principle of separation of powers,
Semi presidentialism (Duverger Definition) - correct answer-1) president is directly elected
by popular vote
public law - correct answer-part of law dealing with legal relationships concerning public
authorities and private persons
private law - correct answer-part of law dealing with relationships between private persons
civil law - correct answer-type of legal system in which statutory law is the most important
source of law
common law - correct answer-model of legal system in which judiciary and statutory law are
together the stronger source of law
State - correct answer-organizational form of political power that is sovereign both in
domestic given territory and on the international stage
nation - correct answer-cultural, ethnic entity
constitutionalism - correct answer-limited government where exercise of public power is
governed and constrained by a constitution and rule of law
constitutional substantive flexibility - correct answer-judicial interpretation most important role
in judging flexibility
Direct democracy - correct answer-national sovereignty, > Abbe Siéyes (1738-1836)
Popular Sovereignty - correct answer-Jean Jacque Rousseau (1712-1778)
Political function of Constitution - correct answer-posit legal boundaries to political power
and the holders of the sovereignty, map out political institutions
Societal function of Constitution - correct answer-define a breakthrough moment in given
society, nation building tool,
Constituent Power - correct answer-nation establishing state and constituting rulers and
institutions, power established by real holders of constitutional sovereignty
Constituted Amending Power - correct answer-mechanism designed by constitution for the
amendment to the constitution
Formal Substantive Amendability - correct answer-amendability represented by clauses in
constitution
Informal Substantive Amendability - correct answer-amendability represented by judicial
interpretation
, Superconstitution - correct answer-constitution contains 2 sets of clauses that are tiered
clauses: superior tier subject to eternity clause, inferior tear subject to amendable provisions
horizontal structuring - correct answer-separation of legislature, executive and judicial
powers
perfect bicameralism - correct answer-two chambers of parliament have equal powers
imperfect bicameralism - correct answer-two chambers of parliament have unequal powers
Chief of State - correct answer-leader of state as a whole (president)
Head of Government - correct answer-leader of goverment ( prime minister)
assembly regime - correct answer-confusions of powers, no separation of powers in reality
Plurality voting - correct answer-electoral decisions are decided with a RELATIVE majority
Majority voting - correct answer-electoral decisions are decided with an ABSOLUTE majority
Proportional representation - correct answer-allocation of seats after election is determined
by proportion of votes achieved by each candidate
Duverger's Law/ Principle of Dualism - correct answer-concentration of political party activity
occurs between two main parties, this leads to governmental stability
Multipartism - correct answer-when government is divided between a large variety of parties,
none of which has a decisive majority, this leads to small parties coming to power, and
governmental instability
Advice and Consent of State - correct answer-constitutional element in USA constitution,
where one the senate has power to advice and consent on actions taken by the executive
and judiciary branch
Institutional Law - correct answer-separation of powers, electoral system, division of tasks,
amendment procedures
Human Rights Law - correct answer-relationships between private persons, relationships
between gov and private persons
Vertical Structuring - correct answer-structuring of government and citizen relationships
(hierarchy)
Kelsen + Reichsstaat Rule of Law - correct answer-exercise of governmental power is
constrained by the law, Principle of separation of powers,
Semi presidentialism (Duverger Definition) - correct answer-1) president is directly elected
by popular vote
