Comparative Constitutions

Textbook definition of a constitution?

1. A body of law that attributes power to public authorities (structure),

2. Regulates the fundamental relations between public authorities (rules)

3. Regulates the fundamental relations between public authorities and the individual (principles)

France amendment process

Parliamentary vote followed by referendum - popular consultation

judicial review

courts’ power to determine whether laws/actions conform to the constitution

codified constitution (which states are and not)

The adoption of a single document containing the provisions of the constitution

United States, Netherlands, France, Germany and EU are codified. UK and Israel is not codified

What is an entrenched constitution?

A constitution that is difficult to amend because it requires special procedures such as supermajorities, popular referendums, judicial review, and time delay

Most Entrenched constitutions

• US

• France

• Germany

• Netherlands

• EU

Least entrenched constitutions

UK - no formal amendment procedure

Partially entrenched constitutions

Israel

Sources of constitutions:

• jurisprudence

• convention and historical precedent

• political settlements (formal and informal)

• written documents

• ordinary and organic law

U.S. amendment process (what article?)

Article V

1st step - proposal - 2/3 of both houses of Congress or 2/3 of state legislatures convention (supermajority)

2nd step - ratification - ¾ of state legislatures or ¾ of state conventions (extra institutions)

highly entrenched

Netherlands amendment process

1st - parliament passes amendment with majority vote

2nd - election is held

3rd - amendment must be approved by 2/3 of parliament

It required adoption of amendments in 2 successive legislative sessions

entrenched

eternity clause plus example

constitutional provisions that cannot be amended

ex. federalism in Germany

federal vs unitary

federal is constitutionally divided sovereignty to the government and states. unitary is when sovereignty is centralized to one government.

Integrative vs Devolutionary Federalism

• integrative - previously autonomous states or political units merge together to form a single federal country (symmetrical)

• devolutionary - previously unitary state transfers power to regional governments (often asymmetrical)

Integrative federalism states

United States, Germany, and EU

State that is unitary with asymetric devolution: (What does this mean?)

UK - has four constituent parts that the central parliament in the UK has granted powers to: England, Scotland, Wales, and Northern Ireland

Unitary states

France, Netherlands (constitutional monarchy), Israel (with basic laws)

In a parliamentary system, the legislature:

passes legislation and selects the leaders of the executive branch

parliamentary republic

executive branch is dependent on the legislative branch’s confidence

presidential republic

executive branch is separately elected, independent of legislature.

most rigid constitution

USA

strongest eternity clause

Germany

semi-presidential system / republic

France

Israel legislature

Knesset - has 120 members, directly elected, makes laws and forms the government. The legislature is fully unicameral (no upper house)

systems without strong constitutional review of statues

UK and Netherlands

Votes in the upper house are cast by the executive branch in the territorial governments in:

Germany - The Bundestrat represents the executive branch of each German state government. States vote as a bloc and represents state interests and approves many federal laws.

Israel amendment process

amendments happen through basic laws passed by the Knesset

Some require special majorities and some require simple majorities

EU amendment process

1st - agreement among all member states

2nd - ratification by each country according to its constitutional process

highly entrenched

Germany amendment process

1st - 2/3 majority in the Bundestag (federal parliament)

2nd - 2/3 majority in the Bundesrat (states)

A representative body will most closely represent the population if it is chosen:

at random from the population

Members of the upper house of the UK parliament are:

• The House of Lords

• elected by nobility

• appointed by the monarch

• bishops

• they review and revises legislation and can delay bills but not permanently block most laws

Lower house of Germany’s parliament

Bundestag - They are directly elected by the citizens and represents state interests the people of Germany. They vote individually and are the main legislative body, and elects the Chancellor.

Lower house of the UK’s parliament

House of Commons - They are directly elected by voters in single-member districts, the main legislative body that controls the government and chooses the prime minister

Lower house of US legislature:

United States House of Representatives - They represent the population and are directly elected by voters in districts. They serve two year terms and their seats are based on their state population. They initiate revenue tax bills and impeaches federal officials.

Upper House of US Legislature

United States Senate - They represent the states equally and directly elected by voters (17th Amendment). They serve 6 year terms and it’s 2 seats per state. They confirm presidential appointments, ratifies treaties, and conducts impeachment trials.

Lower house of French Parliament

National Assembly - They represent the people of France and directly elected by voters. They serve 5 year terms and are the main law-making chamber. They can remove the government with a vote of no confidence and has the final say in most legislation

Upper House of French parliament

French Senate - They represent local governments (territorial units) and are elected by an electoral college of local officials such as mayors and councilors (indirectly elected). They serve 6 year terms, reviews and amends legislation, and cannot permanently block laws passed by the National Assembly

Lower house of the Netherlands legislature

House of Representatives - Have 150 members, directly elected by voters, the main legislative body and government oversight.

Upper House of the Netherlands Legislature

Senate - They are indirectly elected by provincial legislatures, reviews legislation, and can only approve or reject laws (can’t amend)

Lower house of EU legislature

European Parliament - members are directly elected by EU citizens and representatives of the people of the EU

Upper House of EU Parliament

Council of the EU - represents member state governments. Ministers from each country participate depending on the policy area.

Historical origins of US constitution

It was adopted in 1789 at the Constitutional Convention. It was drafted by delegates and ratified by state conventions. The states wanted to replace the weaker Articles of Confederation for a stronger federal government.

Historical origins of the Dutch Constitution

It was formed after the Napoleonic Period and rewritten during liberal political reforms by Johan Rudolph Thorbecke. It was reformed to shift toward parliamentary democracy and constitutional monarchy.

Historical Origins of UK “constituion”

Theres no single founding moment but rather historically evolved through statutes, court decisions, and conventions.

Historical Origins of France Constitution

The fifth republic was established under Charles de Gaulle in 1958 during a political crisis (Algerian War). It was designed to strengthen the executive, stabilize government, and greatly reduce the power of the legislature.

Historical Origins of Israel Constitution

Never adopted a single written constitution but was rather gradually adopted Basic Laws after independence in 1948. They failed to write a constitution in 1948 because the governing labor party did not want limitations on their power, cause friction with the religious leadership, and had other crisis to deal with.

Historical Origins of EU Constitution

Developed through treaties between member states such as the Treaty of Rome and Treaty of Lisbon. The reunification of Germany in 1990 prompted the EU.

Historical Origins of Germany Constitution

It was adopted in 1959 after World War 2 to rebuild the country. It was designed to prevent authoritarianism after the Nazi regime. In 1990, the German constitution dealt with reunification by adding East Germany to the Federal Republic as a set of new states.

Territorial organization of the UK

• Scotland - has the most autonomy with powers of education, health policy, and justice and courts

• Wales - powers has increased over time with health policy, education, and transportation

• Northern Ireland - have powers in health, education, local governance, and their assembly sometimes suspends during political crises

• England - no separate parliament and is governed by the UK parliament

regime type of EU

supranational union

regime type of germany

parliamentary republic

regime type of israel

parliamentary republic

regime type of netherlands

constitutional monarchy

regime type of the UK

constitutional monarchy

regime type of the US

presidential republic

State governments in Germany…

are required to enforce federal law

How many parties have been banned in Germany as threats to the democratic federal republic since 1949?

2

Candidates for parliament in Israel must not express

• negation of the existence of the State of Israel as a Jewish and democratic state

• incitement to racism

• support for an armed struggle by an enemy state or of a terrorist organization

The French senate overrepresents

the rural countryside

The following had to write a constitution because they had recently become independent

The Netherlands, Israel, and The United States

The European Union constitution can be amended by

unanimous agreement of member states on a new EU treaty