2. Constitutional Law

Flashcards on Constitutional Law

What is the main function of constitutional law?

Constitutional law regulates the distribution of power amongst state institutions.

What is Trias Politica?

Trias Politica is the separation of powers among the legislative (Parliament), executive (Government), and judiciary.

What is the difference between a Unitary State and a Federation?

Unitary state: legislative, executive & judicial branch are centrally focused. Federation: unites federated areas that are self-governing within the boundaries set by the federation.

What distinguishes a Monarchy from a Republic?

Monarchy: power is vested in one person & transferred from generation to generation. Republic: power is attributed to political bodies that rule within the boundaries of a constitution.

What are the two main types of democracy?

Direct democracy: the people are directly involved in the decision-making process. Representative democracy: the people elect representatives to make decisions.

What does the Executive Branch do?

The government, typically led by a prime minister and/or president, executes the law, and is controlled by the legislator.

What is the key difference between Common Law and Continental Law?

Common law is based on ‘stare decisis’ (precedent), while Continental law is primarily based on statutes and codes.