Constitutional Law and Legislation

How can law be used in politics?

it can support or justify political actions/decisions

How does political will affect law?

laws can reflect political compromise and the goals of those in power

What are the stabilizing roles of law in government ?

laws bring stability, are a point of reference , and helps balance power

What is the difference between constitution and constitutional law?

main legal document and structure of the state vs other important laws that must follow the constitution

Why do other laws need to respect the constitution?

other laws may not go against the highest law

Who coined the idea about separation of powers?

Ackerman, Montesquieu, and Rosseau

What are the 3 main jobs of the law?

laws need to be made, applied, and interpreted

What does the legislative branch do?

makes laws

What does the executive branch do?

carries out the law

What is the role of the judiciary?

Apply and interpret the law

What is judicial review?

allows courts to check if laws follow the constitution

Why is judicial review important?

protects the constitution, individual rights, and minorities

Where did judicial review start?

In the US: Marbury vs Madison

What did Carl Schmitt say about sovereignty?

the one who may have the authority to suspend the rule of law

What is the dilemma between judicial review and democracy?

judicial review can limit the majority’s will

What is “ochlos”

mob rule