Comparative Constitutional Law

Comparative Constitutional Law

The study that compares constitutional laws and practices of different countries.

Constitution (broad sense)

A body of fundamental rules that establish the framework of government and regulate public power.

Institutional Law

The branch of constitutional law governing the functioning of the state and its institutions.

Human Rights

The branch of constitutional law that protects individuals against the state.

Attribution of Power

A fundamental function of all constitutions related to defining and regulating power.

Customary Rules

Unwritten rules and practices that form part of the constitution in a broad sense.

Flexibility of Constitutions

The degree to which a constitution can be amended.

Terminology

The importance of agreeing on definitions for technical terms in comparative studies.

State

A sovereign country with its own government, population, and territory.

Country

Often used interchangeably with 'state' to mean a sovereign political entity.

Nation

An ethnic-cultural category, sometimes equated with 'state' due to nationalism.

Government

The body that exercises political authority and administers the state.

Republic

A constitutional system where the head of state is not a monarch.

Monarchy

A state where the head of state is a monarch, often hereditary.

Democracy

A system of government by the whole population or all eligible members, usually through elected representatives.

Political Parties

Organizations that contest elections and play a significant role in democratic systems.

Sovereignty

The ultimate authority within a state.

Parliamentary Systems

Systems of government where the executive branch depends on legislative confidence.

Presidential Systems

Systems where the president is independently elected and heads the executive branch.

Separation of Powers

The principle of dividing public authority into legislative, executive, and judicial branches.

Checks and Balances

Mechanisms that allow different branches of government to limit each other's powers.

Role of Judges

The function of the judiciary in constitutional systems, which can include constitutional review.

Unitary States

States where power is concentrated at the central level.

Federal States

States where power is constitutionally divided between central and sub-unit governments.

Rule of Law

The principle that the exercise of public authority is bound by legal norms.

Brexit

The withdrawal of the United Kingdom from the European Union.

EU as a Constitutional System

The EU treated as a constitutional system impacting domestic constitutional law.

Multi-level Constitutional Order

The operation of constitutional law at different national and supranational levels.

Popular Sovereignty

The idea that ultimate political authority rests with the people.

Parliamentary Sovereignty

A principle where Parliament has ultimate legal authority.

State Sovereignty

The idea that sovereign power resides within the state.

Legislation

Lawmaking passed by the central parliament.

Election Systems

Methods used to translate voter preferences into parliamentary composition.

Bicameralism

A legislature divided into two separate assemblies.

Referenda

Instances where the electorate decides specific issues through popular vote.

Parliamentary Privilege

Rights granted to members of parliament to ensure they can perform their duties without interference.

Judicial Review

The power of courts to examine legislation and government acts for constitutionality.

Constitutional Review of Legislation

The power of courts to assess if a statute is compatible with the constitution.

Monism

A legal system where international treaties become part of the national legal order once ratified.

Dualism

A legal system where international and national laws are treated as separate legal orders.

EU Law Supremacy

The principle that EU law overrides conflicting national laws.

European Charter of Fundamental Rights

A catalogue of rights enshrined in EU law.

Human Rights Act 1998

UK law that incorporates many rights from the ECHR into UK law.

Fundamental Rights (Germany)

Rights guaranteed under Chapter 1 of the Basic Law.

Constitutional Council (France)

The body responsible for ex ante and ex post review of laws for constitutional compliance.

Constitutional Complaint (Germany)

Legal remedy allowing challenges to governmental acts for violating fundamental rights.