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.
When is constituent power considered original?
When it establishes a Constitution.
When is constituent power considered derived?
When it modifies the constitutional text under its procedures.
Why does a constitutional rule never used remain legally effective?
Because desuetude does not exist in law.
Who is assigned responsibility for determining and conducting national policy by Article 20?
The Government.
Under whose authority does the Government act in political practice despite Article 20?
The President.
Who are considered governors according to DUGUIT?
Those who appear to command and impose orders.
Who are governed persons in DUGUIT's definition?
Those subjected to the governors’ coercive power.
How does constitutional law limit governors?
By imposing legal constraints such as Senate approval for Supreme Court appointments.
What legal constraint applies to the US President's Supreme Court appointments?
They must receive Senate approval.
What does institutional constitutional law study?
Institutions and their relationships.
What does normative constitutional law study?
The hierarchy of legal norms.
What does substantive constitutional law study?
Rights and freedoms.
On which date did the Constitutional Council establish the constitutional block?
16 July 1971.
Which texts did the Constitutional Council give the same legal value in 1971?
The Declaration of the Rights of Man and of the Citizen, the 1946 Preamble, and the Constitution.
When was the Environmental Charter added to the constitutional block?
In 2004.
Who argued that studying party and electoral systems is key to understanding a regime?
Duverger.
In which work did Duverger argue the importance of party and electoral systems?
Les partis politiques (1951).
When was the Question Prioritaire de Constitutionnalité created?
In the 2008 constitutional revision.
When did the Question Prioritaire de Constitutionnalité enter into force?
In 2010.
What does the Question Prioritaire de Constitutionnalité allow?
Challenging an enacted law after it has entered into force.
What is the majoritarian fact in politics?
A presidential victory leads to a supportive parliamentary majority shortly after.
What change synchronized presidential and legislative elections?
The shift from a seven-year to a five-year presidential term.
What effect does synchronized elections have on parliamentary majority?
It facilitates a parliamentary majority supporting the President.
In which year was the United States Constitution adopted?
1787
What was the purpose of the United States Constitution adopted in 1787?
To limit political power with a written framework.
On what date did French National Assembly members swear to remain united?
20 June 1789
What was the French National Assembly's pledge on 20 June 1789?
To remain united until giving France a Constitution.
How do constitutions treat political contestation in democracies?
They accept it fully.
How do constitutions treat political contestation in authoritarian regimes?
They tolerate it narrowly.
How do constitutions treat political contestation in dictatorships?
They persecute it.
What ideology holds that a Constitution establishes a liberal regime?
Constitutionalism
How does Constitutionalism establish a liberal regime?
By separating powers and guaranteeing rights and freedoms
What is the rule of law in relation to democracy?
An intangible condition of democracy
What does the state of law refer to?
Legal rules that may be modified
Who distinguished the rule of law from the state of law?
Laurent FABIUS
How does Hobbes describe the state of nature?
As a war of all against all.
What do individuals surrender to the State according to Hobbes?
All their rights through a unilateral commitment.
Which author described the state of nature as a war of all against all?
Hobbes in Le Léviathan, 1651.
How does Locke view the state of nature?
Relatively satisfactory.
What kind of contract does Locke propose?
A reciprocal contract transferring justice administration to the State.
What rights do individuals retain in Locke's contract?
Fundamental rights.
What is the general will according to Rousseau?
The collective will to which individuals voluntarily submit.
How does submitting to the general will affect individual freedom in Rousseau's view?
It allows individuals to remain free within society.
How does Hauriou define an institution?
A system of balanced powers and consent constructed around an idea.
What components make up the infrastructure in Marxist theory?
Productive forces.
What does the infrastructure determine in Marxist theory?
The superstructure, including institutions, law, religion, culture, and the Constitution.
What legal status does the State have under public law?
A legal person.
What monopoly does the State possess?
The monopoly of lawful coercion.
What are the three constitutive elements of a State?
A population, a territory, and sovereignty.
How is population defined compared to nation?
Population is an objective and numerical notion.
What defines a nation in contrast to population?
Subjective identification of people sharing values and collective identity.
What parliamentary aspects does the Constitution not determine?
The parliamentary mandate, number of parliamentarians, and their electoral system.
What limit does the Constitution set regarding parliamentarians?
A maximum number that ordinary law cannot increase.
How many articles did the constitutional laws of 1875 contain?
34 articles.
Did the constitutional laws of 1875 regulate every constitutional matter?
No, they did not regulate every constitutional matter.
How long did the constitutional laws of 1875 remain in force?
For a long period despite limited regulation.
What does Article 7 of the French Constitution address?
Serious incidents during a presidential election.
Has Article 7 of the French Constitution ever been implemented?
No, it has never been implemented.
What constitutional status did the French order gradually achieve?
Constitutional supremacy.
What was the status of constitutional texts in France for almost two centuries?
Governments could replace or disregard them.
What legal fields has the Constitutional Council’s review constitutionalized?
Civil law and labour law.
Who linked voting patterns in western France to social and economic factors?
Siegfried.
In which work did Siegfried link voting patterns to social factors?
Tableau politique de la France de l’Ouest sous la IIIe République.
What happened in 2017 regarding the majoritarian sequence?
Emmanuel MACRON's presidential win was followed by deputies supporting him being elected.
Which political spheres can parties occupy that affect separation of powers?
Executive, legislative, and jurisdictional spheres
When does separation of powers become virtual?
When one political force controls several institutions
How is the State defined in Marxist theory?
An organization of the possessing class.
What is the expected fate of the State in a classless communist society?
It is expected to disappear.
Answer 35 questions on Constitutional Law and the State.
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?
Go over the full study guide for Constitutional Law and the State.
Read the study guide →Upload your class notes and Revizly writes your flashcards in about a minute.
Flashcard maker