Constitutional Law

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Law and state /connections

Back 1

1. State creates most of the law
2. State itself is regulated by the law

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Constitutional law

Back 2

Branch of the law regulating the state itself

Front 3

Const. law contains rules on...

Back 3

1. organisation of the state
2. the powers that its organs possess
3. the relations between these organs (institutional law)
4. and it provides fundamental rights that protect the legal position of the individual against the state - Human rights

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Constitution

Back 4

Central written document where the most important constitutional rules have been laid down

(also called basic law, charter or regulation of state)

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Sources of Constitutional law

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- constitution
-
- ordinary laws
- customs
- case law

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'Flexible' constitutional model

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Constitutional norms may be changed by ordinary laws i.e. UK

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Ordinary laws that tend to have const. relevance

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- election laws
- rules of procedure of parliaments
- laws on the organisation of the court system
- laws stipulating the establishment and powers of regional/local govnmts

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Case law /relevance

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Relevant in practical cases when the courts interpret the meaning of the constitution, establish fundamental rules and principles

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Customs /relevance

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Play a role in the internal proceeding of parliaments (such as the composition of parliamentary committees)

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Entrenchment

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Constitutional documents can only be amended through difficult, special procedures (rigid constitution)

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Sovereignty /2 aspects

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1. State defends its territory and the people by defending it against outside world
2. and maintaining law and order inside

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Internal sovereignty

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A state’s internal sovereignty is first and foremost a constitutional issue. It is the ultimate source of authority in a particular territory, and it is where the power of the state originates.
The ultimate source of authority within a state lies with the people

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Secession

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The act of withdrawing from an organization, union, or especially a political entity
i.e. part of a state wants to become independent

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Failed states

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States that do not meet the criteria of statehood

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External sovereignty

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Relates to the mutual relations between states

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Degrees of statehood

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Not all states meet all the criteria to the same extent

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Recognition

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Criterion for a statehood; whether a potential state is recognized by the 'international community' of states

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Nation-state.

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A state, which is inhabited by a group people who share common characteristics (a nation),

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Voluntarism

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result of a principle of unanimity - no state is forced to accept unless it voluntarily agreed on it

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Monopoly on violence

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(Max Weber - German sociologist) only the state can use coercion against individuals