Constitutions in French and Common Law Flashcards (10 cards)

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1Question

What distinguishes the British constitutional order from the constitutional histories of the United States and France?

Answer

It developed through continuity of the monarchy rather than a constitutional breakup or constituent moment.

2Question

What does constituent power enable?

Answer

The creation of a constitution.

3Question

Which description of the British Constitution did John Griffith give in “The Political Constitution” (1979)?

Answer

“No more and no less than what happens.”

4Question

On what date did the United States declare independence?

Answer

4 July 1776.

5Question

What sources form an unwritten constitution, as in the United Kingdom and New Zealand?

Answer

Customs and case law.

6Question

What distinguishes a formal constitution’s adoption and revision procedures from ordinary law?

Answer

They use exceptional procedures.

7Question

What subject matter identifies a material constitution?

Answer

Political institutions, legislative procedures, and human rights.

8Question

In a formal, rigid constitutional system, what must lower-level norms comply with?

Answer

Higher-level norms.

9Question

What constitutional summit does the UK lack, and which treaties remain relevant?

Answer

A supreme formal constitution; Council of Europe treaties such as the European Convention on Human Rights.

10Question

Which decision established the constitutional significance of the French bloc de constitutionnalité?

Answer

The French Constitutional Council’s 1971 Liberté d’association decision.

Test yourself with the quiz

Answer 11 questions on Constitutions in French and Common Law.

1. How did the British constitutional order develop, in contrast to the constitutional changes in the United States and France?

2. A minister follows a customary political rule that is not legally enforceable as legislation. What kind of rule is this?

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