Introduction to Public Law

Flashcards covering key concepts in Public Law, including definitions and important principles that will help in understanding the course material for the exam.

Public Law

The relationship between the State and its citizens, encompassing areas such as constitutional law, criminal law, and administrative law.

Private Law

The relationship between private parties, organizing their rights and obligations, including contract law and property law.

Trias Politica

The principle of separation of powers into three branches: legislative, executive, and judicial.

Hierarchy of Norms

The vertical ordering of legal acts in a legal system, where lower norms are subject to higher norms.

Lex Superior

The principle that in case of conflict, the superior law overrides the inferior law.

Lex Posterior

The principle that the newer law prevails over an older law in case of conflict.

Lex Specialis

The principle that a more specific law prevails over a general law.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Federal State

A political entity characterized by a division of powers between a central government and regional governments.

Confederation

A union of sovereign states, often created by treaties, that agree to delegate certain powers to a central authority.

Constitutional Law

The body of law that defines the relationship between different entities within a state, primarily the executive, the legislature, and the judiciary.

Fundamental Rights and Freedoms

Basic human rights guaranteed by constitutions that protect individuals from state infringement.

Democracy

A system of government in which citizens exercise power directly or elect representatives.

Human Rights Law

The body of law designed to promote and protect human rights at both the international and national levels.

Rule of Law

A principle under which all persons, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.

Judicial Review

The power of courts to assess whether a law is in compliance with the constitution.

International Instruments

Legal tools and agreements established by nations or international organizations to foster cooperation and protect human rights globally.

ECHR (European Convention on Human Rights)

An international treaty designed to protect human rights and fundamental freedoms in Europe.

Centripetal Federalism

A form of federalism that centralizes power, as seen in the transition of a confederation to a federation.

Centrifugal Federalism

A form of federalism that decentralizes power, allowing regional governments a significant degree of autonomy.

Article 8 ECHR

The Article from the European Convention on Human Rights that protects the right to respect for private and family life.

Article 11 ECHR

The Article that guarantees the right to freedom of peaceful assembly and association.

Unitary State

A state governed as a single entity wherein the central government holds ultimate authority.