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Constitutional Law Final Cheat Sheet (DRAFT) by

Notes and definitions for the final.

This is a draft cheat sheet. It is a work in progress and is not finished yet.

Block 1: Consti­tut­ional theory

Consti­tution (Formal)
A central written document containing the basic rules that govern the state.
Consti­tution (Subst­antive)
The entire body of fundam­ental rules governing a political entity, regardless of whether they are codified in a single document.
Popular sovere­ignty
"We the people of the United States (...)"
National sovere­ignty
"The Spanish Nation, in the exercise of its sovere­ignty, (...)"
Content: maps of power
Define instit­utions and their relati­onships
Content: bill of rights
Garuntee fundam­ental rights.
Consti­tut­ional supremacy
The principle that the Consti­tution is the superior, paramount law, meaning any legisl­ative act repugnant to it is void.
Parlia­men­tar­y/L­egi­slative Sovere­ignty
The doctrine prevalent in systems like the UK, where Parliament has the right to make or unmake any law whatever, and no person or body can override its legisl­ation.

Block 3: Fundam­ental Rights and Sources of Law

 
 

Block 2: Instit­utions and Structure

Separation of Powers
Public power is divided into three functions (legis­lating, implem­enting, interp­ret­ing­/en­forcing laws) and that these tasks should be allocated to different instit­utions and staffed by different people (Funct­ional, Instit­uti­onal, and Personal dimens­ions).
SoP: negative rationale
To void tyranny or the concen­tration of power (Monte­squ­ieu).
SoP: positive rationale
To enable mutual checks and balances (Madison via Marbury v. Madison).
Parlia­mentary systems
The executive (Prime Minist­er/­Cha­nce­llor) is selected by the legisl­ature and remains in office only if they maintain parlia­mentary confidence (subject to the vote of no confidence or motion of censure). Example: Germany, Spain.
Presid­ential systems
The President is directly elected, has an indepe­ndent mandate, and is not subject to the rule of confidence (cannot be ousted by Parliament except via impeac­hment for grave offenses). Example: US.
Semi-p­res­ide­ntial systems
Features a dual executive with a directly elected President and a Prime Minister accoun­table to Parliament (rule of confidence applies to the PM). Example: France.
The Executive branch
The Govern­ment, led by the Head of the Executive (President or Prime Minist­er/­Cha­nce­llor). Implement and enforce laws
The Legisl­ative branch
Parlia­ment, Congress, or Legisl­ature. Make laws, budget, and supervise the govern­ment.
The Judicial branch
The Courts (the Judici­ary). Interpret and enforce laws, must be impartial and indepe­ndent from government interf­erence, which is deemed essential to protecting the Rule of Law.
Unitary vs. Federal States
Whether power is split between the central government and regional subunits (federal) or concen­trated exclus­ively in the central government (unitary).
Rationale for Federalism
Federalism used as a check on limited government (distr­ibu­tiv­e-b­ased) or as a way to accomm­odate ethnic­/social diversity (ident­ity­-ba­sed).