Introduction to Law - Module 2: Selected Areas of Public Law class 5

These vocabulary flashcards cover the fundamental concepts of Public Law including statehood, sovereignty, constitutional frameworks, separation of powers, and democratic systems as presented in the lecture.

State

A legal entity consisting of three conditions: a territory, a people living on it, and a government factually in control.

Control (Max Weber's definition)

The monopolization of violence by the state to impose duties and maintain 'law and order' while preventing vigilantism.

Failed State

A de facto state that lacks the necessary degree of factual control relative to the all-or-nothing legal definition.

National Sovereignty

A state’s ability to govern itself and make decisions without external interference.

Internal Sovereignty

A state's ability to exercise domestic control.

External Sovereignty

A state's ability to exercise external control and manage relations with other countries.

Popular Sovereignty

The concept that ultimate internal power resides with the parliament or the people.

Nation State

A state based on a common identity of the population, such as language, culture, history, or physical appearance.

Constitutional Law

The highest piece of national legislation that determines the organizational framework of the state, procedures for making choices, and limits on state power.

Entrenchment

The characteristic of constitutional law that makes it more difficult to change than ordinary laws.

Monist

A system where international law and national law are part of a single legal order (e.g., FR, NL).

Dualist

A system that treats international law and national law as distinct legal orders (e.g., DE, UK).

Rule by Law

A state that depends on law for its daily functioning.

Rule of Law

A state regulated by law based on values such as fairness, inclusiveness, independent adjudication, transparency, and accountability.

Détournement de pouvoir

The misuse or abuse of power, which the rule of law aims to prevent through safeguards.

Vertical Application (Fundamental Rights)

Individual rights in constitutions that protect the individual from the state.

Horizontal Application (Fundamental Rights)

Individual rights that require the state to protect citizens from interference by each other.

Functional Division of Powers

The 'Trias Politica' concept by Montesquieu separating the state into the creation, execution, and judicial application of legal rules.

Legislative Power

The branch of government, often a parliament, responsible for the creation of legal rules.

Executive Power

The branch of government responsible for administering legal rules, formulating legislation proposals, and making policy decisions.

Judicial Power

The independent and impartial branch of government responsible for applying rules in disputes to decide individual cases with binding judgments.

Checks and Balances

The basic idea that the three powers of state keep each other in check to avoid the abuse of power, such as through impeachment or veto powers.

Constitutional Review

The process by which courts check the conformity of laws or administrative acts with the constitution.

Unitary State

A state governed as a single power where all state powers ultimately reside in one supreme central government authority.

Federation

A state where powers are divided between a central state and regions via a constitution, and the existence of subnational units cannot be unilaterally changed.

Confederation

An intergovernmental organization where participating entities remain sovereign states, legally based on international treaties rather than a constitution.

Direct Democracy

The exercise of state power where the people make concrete policy decisions and laws themselves.

Representative (Indirect) Democracy

A system where people vote for representatives to make decisions for them during limited terms of office.

Referendum

A direct democratic element within representative democracies where a concrete question is referred to the people.

Parliamentary System

A government system where the head of the executive (often a prime minister) derives democratic legitimacy from and is accountable to the parliament.

Presidential System

A government system where the president acts as head of the executive and is directly voted by the people.

Constitutional Monarchy

A system where a monarch serves as the ceremonial or non-executive head of state, often with no limit to their term in office.

Plurality System

A majoritarian election system where the candidate or party with the most votes wins, regardless of whether they have a majority.

Absolute Majority System

A majoritarian election system where a candidate or party must achieve at least $50\%$ of the votes to win.

Proportional Representation

An election system where the share of seats in a parliament is roughly proportional to the share of votes cast for each party.