Constitutional Law and the State

From the study guide

Course Outline

  1. Constitutional Law and the Constitution
  2. The Constitution’s Incompleteness
  3. Constitutional Text and Political Practice
  4. Political Authority and Constitutional Limits
  5. Constitutional Law as Judicial Law
  6. Constitutional Law and Political Science
  7. The Majoritarian Fact
  8. Classical Constitutional Law
  9. Constitutionalism and the Rule of Law
  10. Contractual Origins of the State
  11. Institutional and Marxist Origins
  12. Definition and Elements of the State
  13. Territory and Sovereignty
  14. Unitary and Federal States
  15. Regional States and Autonomy

Key Dates

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Practice quiz preview

1. What is the primary legal function of a constitution within a society?

2. Under Article 16 of the Declaration of the Rights of Man and of the Citizen, when does a society lack a constitution?

3. What distinction does Benjamin Constant make between constitutional rules and constitutional law?

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Flashcard preview

What is the supreme legal norm of a society?

The Constitution.

What does the Constitution define besides protecting rights?

The separation of powers.

What does Article 16 of the Declaration of the Rights of Man state about a society without guaranteed rights?

It has no Constitution.

According to Article 16, what must a society have besides guaranteed rights to have a Constitution?

A determined separation of powers.

What does Benjamin Constant accept about the Constitution?

It contains all constitutional rules.

What does Benjamin Constant reject about constitutional law?

That it consists only of the constitutional text.

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Frequently asked questions

What does the Constitutional Law and the State study guide cover?

It covers the core concepts of Constitutional Law and the State, organized by topic with the key definitions, explanations and takeaways, so it's easier to learn and remember.

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How many questions are in the Constitutional Law and the State quiz?

The practice quiz has 35 multiple-choice questions, each with an explanation. Use it to check what you know and find your gaps.

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How do I study Constitutional Law and the State with flashcards?

There are 74 flashcards on Constitutional Law and the State, with a question on the front and the answer on the back. Try to recall each answer before you flip, and let spaced repetition bring back the ones you miss.

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