Very thorough notes on Constitutional Law taught in Year 1 of the International and European Law program at THUAS. They helped me pass all the exams :)
You can also purchase my bundle on International Law which consists of Constitutional Law notes as well as Human Rights and Public International L...
CONSTITUTIONAL LAW
LECTURE 1 – INTRODUCTION TO CONSTITUIONAL LAW
1. DISTINCTIONS IN CONSTITUTIONS
Broad: describes the whole rules vs. Narrow: describes selected number of rules (US)
Written (original): black on white, focuses on what is there vs. Working (living): interpretation
on society
Rigid: almost impossible to change vs. Flexible: changeable with votes, easy to change (UK)
Revolutionary: a single moment (exm. Civil War), a new start vs. Evolutionary: changes and
develops over time
2. FUNCTIONS OF CONSTITUTION
a) CONSTITUTING;
Creates state organs/offices, composition and relations, answers the question (who, how do I
become part of it,…)
b) ATTRIBUTING;
Attributes power that is explicit/implied, delegation; what powers someone can and can’t have
c) REGULATING
Constitualism; limited power to government, separation of powers; needs to be divided, so it is
not all in one hands, check and balances; check on various powers
Separation of powers can be done horizontally; the executive, the legislative and judicial
power or vertically; all power is on one level
Constitutional law from a comparative perspective;
o Provides insights for constitutional design
o Essential in the context of the creation and development of international organizations
3. RULE OF LAW (the basic element, the government is bound by the law)
It needs to include;
- Legality principle; every action (of government) must be based on law
- Democratic legitimacy; the people must be heard in making of the law
- Foreseeability; the people should know what is coming, the government needs to be open and
transparent
- Separation of powers
- Independent judiciary; judges to decide for the separation of powers, they are independent and
not part of the government
- Civil rights; freedom of religion, opinion, conscience, privacy (basic civil rights you need to
have in order to function in a society)
, 4. SOVEREIGNITY
Is power, who has it, where does it come from,… There are various kinds, as in national (where
you are born), divine/natural, popular (power from the people), royal (king, queen), state,
parliamentary
LECTURE 2 – THE EXECUTIVE AND PARLIAMENTARY SCRUNITY
1. THE ROLE OF THE EXECUTIVE; US (Art. II of the US Constitution);
- Commander-in-chief
- Power to make treaties
- Right of initiative
- Executive orders
- Power to appoint ministers and judges
Internal role; sign laws, power of veto, figure-head for national unity, executing the law, policy and
legislation, lead department
External role; official representative, represents the US by making treaties, involved in foreign affairs
VOTE OF NO CONFIDENCE; different in every state
IMPEACHMENT; a criminal trial for high authority to be removed
2. CHECKS ON THE EXECUTIVE
Right of information, power of legislation, right of investigation, judicial review, power of the
Purse
3. HOW TO GET RID OF AN EXECUTIVE?
PARLIAMENTARY SYSTEMS (the rule of ministerial accountability)
a) Individual accountability (Art. 42 Grondwet); every single minister can be ruled out
b) Collective accountability (European Union); only the entire Commission can be sent out
c) Procedural conditions (Art. 67 Grundgesetz); Germany, electing after Chancellor
PRESIDENTIAL SYSTEMS
a) Impeachment
4. (DIS)ADVANTAGES
PRESIDENTIAL ADVANTAGES DISAVANTAGES
Direct mandate (reflection on Tendency towards populism,
citizens’ specific preferences) authoriatinism
Stability (fixed term of office) Political gridlock (president
does not have required
parliament majority; nothing is
happening)
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